Minneapolis Criminal Defense Attorney Blog

Drunk driving is responsible for more deaths over the holidays than at any other time of year. To address the added threat posed to people traveling on roadways, the National Highway Transportation Safety Administration (NHTSA) in conjunction with Mothers Against Drunk Driving (MADD) has launched the "Drive Sober or Get Pulled Over" campaign.

The campaign's focus is to encourage those who plan on drinking over the holidays to avoid getting behind the wheel, either by using a designated driver or taxi. When these options are not available, people who have had too much to drink are encouraged to call a friend or family member who can pick them up.

The fallout from allegations of sexually abusing children can be enormous, even tarnishing the reputation of a storied college football program and costing leaders of the football program and the school their jobs (even though they are not personally accused of sex crimes).

Jerry Sandusky, the former defensive coordinator of Penn State's football team, is accused of sexually abusing eight boys over the span of 15 years. Sandusky, who maintains that he is innocent, faces 40 criminal charges for sexual abuse.

Minnesota authorities have been actively pursuing the players in the Trevor Cook Ponzi scheme. In June, Christopher Pettengil pled guilty to securities fraud, conspiracy to commit wire fraud and money laundering. In July, federal authorities charged three more men, including a conservative radio host, bringing the total number of individuals implicated in the fraud to seven.

Ponzi Schemes

A Ponzi scheme is a particular form of investment fraud where the organizers of the plan promise large, risk-free returns to investors but never engage in any legitimate investment activity. In this type of white collar crime, earlier investors are paid so-called returns out of the funds contributed by new investors. Ponzi schemes inevitably collapse when operators can no longer attract new investors and the funds owed to older investors dry up. 

The aftermath of the subprime mortgage meltdown has meant uncertain real estate markets nationwide and widespread wonder at what went wrong. Federal prosecutors have acted swiftly and forcefully to level accusations toward mortgage industry professionals and make sure that allegations get a full public airing before that individual gets his or her first glimpse of due process.

America's Most Hated

America loves a villain and not since the trial of OJ Simpson has the nation's lust for blood more fervent than during the Casey Anthony trial. A Minnesota woman even drove to Orlando, Florida to witness the trial.

Our country was fed by reporters such as Nancy Grace, whose nightly indictments of "Tot Mom" created an image of an anonymous monster incapable of any human feeling. The press failed to objectively discuss the weight of the testimony and evidence and who instead made her conviction seem all but certain.

Since her acquittal on murder charges last week, Casey Anthony has quickly become one of the most despised women in America. A nation was convinced she was guilty of murdering her 2-year-old daughter, Caylee, and was ready to riot when she was acquitted. The court of public opinion may be against her, but they fail to understand the constitutional protections that lie beneath Anthony's acquittal.

While lawmakers are wrangling to resolve Minnesota's budget, questions remain for many individuals facing criminal charges about how the potential shutdown may affect them. The good news is that the shutdown is likely to have little impact.

Courts Will Remain Open

According to the Star Tribune, Judge Bruce Christopherson ruled on Tuesday that courts must stay open to avoid "irreparable and inestimable" consequences. "If the courts are not funded, the basic, essential constitutional rights of the public would be unprotected and fail."

In the wake of the subprime mortgage implosion and the lagging economy, mortgage fraud has become increasingly common. But, the federal government has no intention of allowing the problem to continue unabated: significant resources have been dedicated to sniff out and penalize mortgage scammers. One pair of Minnesota siblings, Ericvan and Renee McDavid, have experienced firsthand the full force of the federal mortgage fraud enforcement system.

Mortgage Fraud, and the McDavids' Case

Mortgage fraud involves the intentional misrepresentation of material information in efforts to obtain a mortgage. There are many different kinds of mortgage fraud, for example, inflating values of real property to secure a loan, using deception to take out mortgages on homes that do not actually exist, or even simply lying by an individual on a mortgage application.

The McDavids were involved in a scheme that helped "straw buyers" obtain at least 25 properties by falsifying their assets and employment information on loan applications. The buyers were given funds to apply toward the price by the McDavids, which convinced financial institutions that the straw buyers had the intention to repay their loans. The buyers, however, had no interest in paying back the loans; they were promised (but never given) a fee by Ericvan McDavid for their participation in the scam. Instead of using the mortgage loan proceeds to pay off the properties, the McDavids converted the money to personal uses, ultimately leading to a $9.2 million loss for the lending institutions. Both siblings pleaded guilty in Minneapolis federal court, and are awaiting sentencing.

As Michigan resident Evan Emory learned, prosecutors don't have much of a sense of humor when it comes to alleged exploitation of children. The 21-year-old performing artist faced child pornography charges stemming from his manipulation of a video of children listening to a funny, innocuous song into one seemingly depicting those same children being subjected to raunchy, sex-filled lyrics. Even though Mr. Emory never actually sang anything inappropriate to the kids - and at no time were they subjected to any improper language or situations - he faced felony-level charges of "manufacturing child sexual abusive materials."

On March 14, 2011, Emory pled guilty to the lesser charge of "unlawful posting of an Internet message with aggravating circumstances" to avoid the potential 15-year prison sentence and sexual offender registration that could have come with a conviction on the original charge. While Emory's case was in Michigan, Minnesota has similarly severe laws to limit the proliferation of pornographic images depicting children.