How can the state tax illegal drugs and narcotics? It occurs because the state can tax anyone arrested for drug trafficking according to how much of the drug was seized during the drug raid. This tax generates revenue from drug busts of narcotics ranging from marijuana to heroin.
]]> The state looks to people arrested on drug charges with high assets and takes the tax from available funds. Currently, the tax rate is $3.50 for a gram of marijuana and $200 for every gram of heroin and cocaine. That means a typical drug bust might yield approximately $100 for the arresting city per ounce of the marijuana plant.In recent years, however, the state has been lax in collecting these taxes. That is why several Connecticut legislators have been pushing to change the law to allow municipalities, rather than the state, collect such taxes.
The tax would incentivize the cash-strapped municipalities to more aggressively pursue drug enforcement, since a drug arrest would provide revenue for the towns and cities of Connecticut.
The Marijuana and Controlled Substances Tax will be debated later this month in a full public hearing. Rep. Arthur O'Neill, a Republican from Southbury, wants these municipalities to benefit from the 1991 law in order to target large amounts of drugs, which generally means that the dealers will have taxable assets that the city or town can target.
Source: WTNH-TV, "CT to benefit from planned drug bust tax," Mark Davis, Feb. 17, 2012
]]>The new policy is apparently an effort to crack down on the use of illegal drugs among high school students. According to local police, there has been an increase in the number of arrests of young people for possession and possession with intent to sell marijuana.
]]> In addition to marijuana, synthetic marijuana has also been increasingly seen by police. Synthetic marijuana was outlawed last year by the Connecticut legislature following nationwide concerns over the dangers of the drug.The letter is reportedly the latest in a series of measures over the last several years to prevent drug use among high school students. Previous measures include passive alcohol screening devices for use at dances and proms. The school has also hired a full-time resource officer to work at the high school.
Not all parents agree with the decision, though, some calling it a "totalitarian tactic."
School districts vary on the question of whether dog searches are allowed. Among the districts that do allow it, some require that students remain in classrooms, though others do not. No districts, however, allow the dogs to directly search students.
Source: Hartford Courant, "Drug-sniffing Dogs To Be Used In Drug Sweeps At Simsbury High School," Hillary Federico, February 16, 2012.
]]>Earlier this month, the woman pleaded guilty to two counts of selling narcotics. As part of the plea deal, she will be pleading guilty to the Norwalk larceny charges and receiving a concurrent sentence there.
]]> The larceny case involves charges of first degree larceny and conspiracy to commit first degree larceny, both stemming from the school case. Last April, the woman was arrested by Norwalk police and charged with stealing over $15,000 of funds from the Norwalk school district by lying with respect to her address in order to get her young son into a well respected elementary school.Civil rights groups and some residents protested the charges, and have since called for new legislation to address what they see as an injustice.
The narcotics charges stem from two incidents in June during which she sold marijuana and crack cocaine an undercover officer. The prosecutor in the narcotics case has said he will be asking for a 5-year prison term for two counts of sale of narcotics. \
Despite, the plea deal, the woman continues to maintain her innocence of the Norwalk larceny charges. Some who were advocating for her have expressed disappointment in her decision to stop fighting the case.
The woman's sentencing is reportedly scheduled for the end of March.
Source: ctpost.com, "McDowell to plead guilty on school larceny charges, lawyers say," Daniel Tepfer, February 8, 2012.
]]>The charges against the man include one count of conspiracy to commit bank fraud and one count of aiding and assisting the filing of a false federal tax return. The man faces as much as eight years in prison as a result of the charges.
]]> The charges reportedly stem from activity that occurred between 2006 and 2007.A Certified Public Accountant, the man reportedly served as the external auditor for F&S Oil Company. The company's business involved providing heating oil to residential and commercial customers in the Waterbury area.
According to the U.S. Department of Justice, the former president of F&S Oil Company falsified the company's financial statements in the summer of 2006 by overstating assets and liabilities in order to back up false figures previously provided to the bank.
The Southbury man learned of the discrepancy between the company's true receivables and those listed on the financial statements and the borrowing base certificates provided to the bank. The president persuaded him to adopt the false numbers and in certifying the company's financial statements.
This kind of fraudulent activity is alleged to have taken place in both 2006 and 2007.
Fraud charges are very serious, and anybody accused of them should take them seriously enough to consult an attorney. Doing so will ensure that prosecution is held to the proper standards of proof and that the rights of the accused are protected.
Source: Patch.com, "Southbury Man Admits Role in Bank Fraud Scheme," Daniel DeBlasio, February 3, 2012.
]]>It has been reported that Watson was recently arrested again on marijuana possession charges. The incident reportedly occurred late on Saturday night in South Kingstown. According to police, snow plow operator reported that Watson was driving erratically and had a flat tire. When police pulled him over, they apparently found a pipe used to smoke marijuana, as well as a substance suspected to be marijuana.
]]> As we have mentioned, Watson is currently awaiting trial on charges of marijuana possession, possession of drug paraphernalia, and driving under the influence, which he received last April in East Haven.At the time, Watson had been stopped at a sobriety checkpoint. Blood testing apparently revealed that Watson had both cocaine and marijuana in his blood at the time of his arrest.
Following the incident, Watson denied smoking marijuana prior to his arrest, but admitted that he owned some in order to help him manage severe pain associated with pancreatitis.
The April incident, as we've noted before, forced Watson to resign from his position as the Republican Minority Leader. According to Watson's attorney, it isn't yet clear what impact his recent charge may have on the Connecticut case.
Ironically, shortly after Watson's April arrest, the Connecticut legislature raised the threshold on the amount of marijuana needed to charge defendants with a crime. Small amounts are considered infractions rather than crimes.
Source: CBS Connecticut, "RI Lawmaker Arrested In East Haven Last Year, Arrested Again," January 23, 2012.
]]>Police executed a search warrant on the apartment in the early morning hours of Wednesday, February 1. Inside, they found approximately four ounces of marijuana, scales, packaging materials and approximately $1,000 in cash.
]]> Four of the apartment's occupants were arrested and charged. Two were charged with crimes including possession of more than four ounces of marijuana, possession of marijuana with intent to sell, possessing a controlled substance within 1,500 feet of a school and operating a drug factory.Two others were accused of possession crimes but were not charged with intent to sell.
Police had raided the house at least one before, in mid-December, and discovered marijuana and a handgun.
Apparently the second raid was initiated after neighbors, who suspected the apartment was once again being used to deal drugs, made a complaint to the police.
Connecticut Marijuana Laws
Connecticut residents should not make the mistake of thinking that marijuana offenses are "minor" crimes. Although the penalties for marijuana possession for personal use can sometimes be light, possessing a large amount of marijuana is a serious crime.
Under Connecticut law, a first offense of possessing more than four ounces of marijuana is a felony punishable by up to five years in prison. On subsequent offenses, the penalty doubles to ten years in prison.
The sale of any amount is a felony punishable by up to seven years in prison.
These penalties are further increased if the alleged crime occurs in proximity to a school. Possession of marijuana within 1,500 feet of a school adds a two-year mandatory minimum prison sentence, and the sale of marijuana adds three.
Source: Stamford Advocate, "4 Arrested in Stamford Drug Raid," Feb. 1, 2012.
]]>The 58-year-old Freedman was charged with possession of marijuana, possession with intent to sell, illegal distribution and possession with intent to sell within 1,500 feet of a school.
]]> According to authorities, Freedman was pulled over after having run a red light. When the officer who pulled him over approached, Freedman reportedly presented his marshal's badge. Officers were subsequently alerted to the presence of illegal substances by a drug dog.Inside the car was discovered two bags of marijuana, a small plastic container with the drug inside, digital scales, nine pipes with marijuana residue inside them, as well as a variety of empty plastic bags and a bag of marijuana seeds. Altogether, the marijuana weighed 4.8 ounces.
Freedman is currently free, after having posted $10,000 bond. He is one of the 41 state marshals working in Fairfield County. State marshals have the task of serving notice of civil court proceedings, as well as enforcing collection of judgments. State marshals are governed by the State Marshall Commission and are not state employees.
It isn't clear yet what will happen with Freedman's position, but the commission's administrative manager will be making that decision in the near future.
Drug charges can affect not only your current job, but also your future possibilities of employment. Anybody facing drug charges does well to contact an attorney to ensure their rights are respected.
Source: Ct Post, "State marshal charged with marijuana possession," John Nickerson, January 25, 2012.
]]>Now, a real estate manager has been sentenced to 14 months in prison for his involvement in the Illaramendi fraud scheme. According to sources, he also attempted to cover up evidence of the scheme.
]]> The 41-year-old man, Carlos Horna Napolitano, is also a citizen of Venezuela as well as Italy, though he currently lives in Pembroke Pines, Florida.Sources said he pleaded guilty last year to conspiracy to obstruct a Securities and Exchange Commission investigation of Illaramendi.
Illaramendi, a Venezuelan-American financier, was caught using unregistered hedge funds as part of a large fraud scheme. The majority of the investment funds were connected to a pension fund for Venezuelan state oil workers.
Illaramendi is a former adviser to the Venezuelan government. Prosecutors have called his case the largest white-collar federal prosecution in the state's history. Others involved in the scheme falsified documents with the intent of frustrating federal investigations targeting Illaramendi.
Illaramendi currently lives in New Canaan and awaits final sentencing. He pleaded guilty last year to fraud and conspiracy to obstruct justice, and faces up to 70 years in prison.
A fraud conviction can have a significant impact on one's life, and it is important to speak to an attorney if you are facing these charges.
Source: Fox News, "Venezuelan gets 14 months in Conn. fraud cover-up," January 27, 2012.
]]>At the time we wrote that post, the man's defense attorney had called forth a psychiatrist to give testimony to his opinion that the man suffered from a long untreated mood disorder and severe depression. At that time, we expressed the hope that the court would come back with a more lenient sentence in light of the man's traumatic past. That is not reportedly what happened, however.
]]> On Friday, the man was sentenced to death on charges of murder and rape. At his sentencing, he continued to assert his innocence of the crimes for which he was convicted.The crime, as sources indicate, initially started as a robbery, and both of the men involved blamed each other afterward for allowing it to escalate to the point it did.
The man's attorneys pointed to his history of sexual abuse as a child and lack of psychological help, as well as his ongoing mood disorder and depression. And despite the fact that the man's family and other witnesses described him as remorseful and shocked over his behavior, prosecutors raised doubts about his remorse.
This case, as sources note, was instrumental in defeating a bill that would have outlawed the death penalty in Connecticut. It also led to tougher state laws for repeat offenders and home invasions.
Source: Associated Press, "Conn. home invasion killer is sentenced to death," John Christoffersen.
]]>The ruling upheld the decision of an appeals court which overturned the conviction of a nightclub owner charged with drug possession. Police obtained that conviction with evidence gathered by means of a GPS tracking device which was placed on the man's car.
]]> At the time the device was placed on the man's vehicle, police did not have a valid search warrant. They had apparently obtained a warrant in Maryland, but the device was not attached to the man's car until it had moved to Washington D.C., and by that time the warrant was expired anyway. They never attempted, apparently, to get a valid license for the District of Columbia.Justice Scalia, writing for the court, said that the Fourth Amendment protection against unreasonable searches and seizures extends to personal property, including a person's vehicle. Using the device to monitor a vehicle's movements is a "search" and a warrant is required.
Justice Alito wrote a concurring opinion noting that the search violated Fourth Amendment protection precisely because it violated the suspect's reasonable expectation of privacy.
The government argued in the case that the government's surveillance of the man through a tracking device was reasonable since there is no expectation of privacy for a vehicle on public roads.
One of the issues that the question did not address was at what point the long-term surveillance of the vehicle became a search within the meaning of the constitution. That question and others will surely have to be hashed out in other similar cases, which are sure to come.
Source: Fox News, "Supreme Court: GPS devices equivalent to search, police must get warrant," January 23, 2012.
]]>The charges stem from his participation in a mortgage fraud scheme spanning a decade and costing lenders $7 million. Sentencing is yet to occur, but the man faces up to 40 years in prison.
]]> Two New York residents were also reportedly involved in the scheme, which ran from 2001 to August of 2011. Both of them have pleaded guilty to conspiracy to commit wire fraud and conspiracy to commit money laundering.According to sources, the scam involved loan applications that contained false information concerning the purchasers' finances and property ownership, as well as false documents, including letters from non-existent employers, earnings statements and bank records.
The three men allegedly recruited "straw buyers" to purchase the properties without intent to live in them. The proceeds from the mortgages then went into a bank account for a real estate company run by the men. The money, from there, was transferred to each of the accused and to other individuals. Some of that money was reinvested into the fraud scheme, according to prosecutors.
Sources said that over $7 million of losses resulted from the fact that the homes were never occupied as primary residences.
The men reportedly used the fraudulent mortgage documents to purchase over 40 multifamily properties in the Bridgeport area. Federal authorities are still seeking the forfeiture of 20 properties in Bridgeport and $26,372 seized from the real estate company's bank account.
Mortgage fraud is, no doubt, a serious charge which can seriously affect the future of the accused. A good deal of investigation goes into these types of cases, and prosecutors have some pretty specific strategies at the ready to achieve a conviction. Those accused of this crime do well to consult an attorney to determine how to offer their best defense.
Source: Hartford Courant, "Conn. man pleads guilty to mortgage fraud scheme," January 19, 2012.
]]>The alleged victim, according to sources, provided the man with 35,000 for a 20 percent share in the investment deal between 2008 and 2009, but the deal never panned out. Police have charged the man with first-degree larceny and third-degree forgery.
]]> The Westport man is accused of presenting phony bank documents claiming that the 52-year-old had over $1 million with which to pay the Fairfield investor. Those documents were reportedly presented after the investor became suspicious. Published reports say that he claimed to have the money in an account at Barclay's Bank in England.The charges came after police investigation found that the bank documents were forged and that the man did not have insufficient funds in his account to take care of the investment.
In Connecticut, larceny refers to any kind of theft crime. It encompasses such crimes as embezzlement, obtaining property by false pretenses or promises, acquiring property lost, mislaid or delivered by mistake, extortion, conversion, shoplifting, and a number of other offenses. There are various degrees of larceny ranging from the misdemeanor to the felony level, depending on the value of the items.
Source: Connecticut Post, "Fraud charged in Yankees 'dirt' scam," January 16, 2012.
]]>Another individual involved in the ring, a 31-year-old man, will be serving eight years of supervised release based on the ruling of a U.S. District Judge. A federal jury has found him guilty of one count of possession with the intent to distribute 50 grams or more of crack cocaine, and one count of conspiracy to distribute 50 grams or more of crack cocaine on Dec. 13, 2010.
]]> A spokesman for the U.S. Attorney for the District of Connecticut issued a statement and, according to him, the 31-year-old man was arrested as part of "Operation Big Loot." This was a six-month operation spearheaded by the Stamford police Narcotics and Organized Crime Squad, the ATF, and the DEA. At the conclusion of the investigation, 52 arrests with charges in state and federal courts were the results. The arrests were for various narcotics offenses.According to the spokesperson, the police seized one kilogram of cocaine, two kilograms of crack cocaine, five firearms, approximately $165,000 in cash, and several cars. The convict traveled 11 times between Stamford and the Bronx, New York between Sept. and Nov. 2009 to purchase nearly 550 grams of crack cocaine for redistribution purposes, according to court documents.
The man has been in detention since his Dec. 3, 2009 arrest. He has received multiple prior state convictions, and had been on probation for the sale of narcotics. When his home was raided, the police found 94 grams of crack cocaine, as well as nearly $2,300 in cash.
It is important to realize that a strong defense is necessary to ensure that police officers and prosecutors do not overreach their authority, particularly in drug cases. Drug convictions can significantly interfere with a person's future, and must be taken seriously.
Source: Danbury News Times, "20-year sentence for crack dealer," January 9, 2012.
]]>On Jan. 4, state and local police held a meeting to work together in an effort to identify the suspects, and to pool together information regarding the influx of break-ins, according to police reports. Police reports further stated the suspects made walking trails, church parking lots, and gyms as their targets. The report indicates undercover collaborative police task forces were sent out for surveillance.
]]> A 38-year-old man was the first arrested under first-degree escape. Police report the man is homeless. When the task force spotted the man on the corner of Walnut and North Walnut Street, he was arrested without incident.Police stated the task force arrested two more men in Woodbury, one was a 31-year-old male and the other was a 30-year-old male when they attempted to break into a vehicle on Route 47 at the Woodbury Ski Area on Washington Road. At the time of their arrest, they were a few miles away from the Woodbury Ski area and still had a stolen purse in their possession.
According to the sergeant of the Connecticut State Police, the three men were strong suspects in many of the recent break-ins reported. The task force was teamed up of state troopers, as well as police officers from Middlebury and Cheshire.
Source: Hartford Courant, "Three Arrests In String Of Car Break-Ins Around The State," David Mckay, January 7, 2012.
]]>One man from Connecticut said his card number was used to make a purchase at a Mississippi Wal-Mart in the amount of $400 while he was sitting at his home. He and his wife reported a total loss of $700.
]]> Other victims claimed purchases in states including Florida and Louisiana, while some reported purchases in other countries, including Malaysia. The false purchases were discovered shortly before Christmas, but it is believed the personal information was stolen months before from various locations, including the West Center Marketplace. A Greenwich Walgreens is also being watched under surveillance videos after a man and woman were dubbed people of interest.Police detectives from the city said although it at first appeared that the suspect used a reading mechanism from a card skimming device to collect the magnetic strip information, they now believe a different scenario took place due to the amount of people affected.
Although the detectives are collaborating with federal agencies to confirm the true method of the crime, they suspect the thief used hacking skills to access a network that had debit card pin numbers in it. The suspect could also be selling the numbers on the black market, and the thought of a crime ring has also been placed in the authority's minds.
Now that the crime has gained publicity, many people have started checking their accounts and only using their debit cards as debit instead of as credit. In addition, some of the victim's banks are expected to reimburse the money stolen.
Source: NBC Connecticut, "List of Debit Card Scam Victims Grows," Monica Buchanan, December 29, 2011.
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