Discover Top Posts Tagged with #www.lenghea.com

Twenty-Eight South Florida Residents Sentenced in Marriage and Immigration Fraud Scheme

Republished by Daniel Lenghea, Esq.,a private Federal Criminal Defense Attorney in Miami from the news feed of The U.S. Attorney’s Office for the Southern District of Florida. www.lenghea.com

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Alysa D. Erichs, Special Agent in Charge, U.S. Immigration and Custom Enforcement’s Homeland Security Investigations (ICE-HSI), Miami Field Office, announce that on August 24, 2015, Inaldo Chavez, 57, of Hialeah, Caridad Baez, 50, of Hialeah, and Masiel Puron, 33, of Marathon, were sentenced following their pleas of guilty to various immigration fraud charges. The conspiracy’s organizers, Chavez and Baez, were sentenced to 21 months’ imprisonment. Recruiter Puron was sentenced to 10 months’ imprisonment. The other defendants, Elides Rodriguez Vallejo, 42, of Marathon, Claudio Catapano, 49, of Argentina, Naile Yubero Carrasco, 30, of Hialeah, Enrique Giglio, 32, of Venezuela, Duniesky Alvarez Perez, 26, of Homestead, Angela Cuellar Velandia, 29, of Colombia, Marcos Vila, 25, of Homestead, Olena Pokotiuk, 27, of Ukraine, Dayana Trigueiro, 21, of Homestead, Vladimir Popa, 28, of Moldova,Yinet Hernandez Martinez, 31, of Weston, Daylin Ramirez Pereira, 24, of Marathon, Igor Singereanu, 29, of Moldova, Jennifer Gutierrez, 22, of Marathon, Serghei Serdiuc, 27, of Moldova,Suset Nodarse Gonzalez, 23, of Coral Gables, Eldar Ben Atar, 28, of Israel, Kassandra Perdomo, 21, of Miami, Efrain Basaldella Landa, 24, of Venezuela, Elio Martinez Alan, 44, of Hialeah, Maria Pinto Camacho, 48, of Venezuela, Jenny Gonzalez, 24, of Miami, and Ido Sharir, 25, of Israel, were sentenced in June following their pleas of guilty to various immigration fraud charges. They received varying sentences. One other individual charged in the indictment remains as a fugitive, Camilo Benavides Prieto, 30, of Colombia.

According to court documents, between May 2011 and February 2014, organizers, Chavez and Baez, and recruiters, including Puron, arranged for United States citizens and lawful permanent residents to enter into fraudulent marriages with aliens for the purpose of evading the immigration laws of the United States. Chavez, Baez, and Puron charged the aliens a fee to arrange the fraudulent marriages, notarized the fraudulent marriage licenses, completed the necessary immigration paperwork, and prepared the co-conspirators for their interviews with United States Citizenship and Immigration Services. The United States citizen and lawful permanent resident co-conspirators also charged the aliens a fee to enter into the fraudulent marriages. Aliens Catapano, Giglio, Velandia, Pokotiuk, Popa, Prieto, Singereanu, Serdiuc, Atar, Landa, Camacho, and Sharir, all paid a fee to enter into fraudulent marriages with United States citizens Gutierrez and Jenny Gonzalez, and lawful permanent residents Vallejo, Carrasco, Perez, Vila, Trigueiro, Martinez, Pereira, Suset Gonzalez, Perdomo, and Alan. These fraudulent marriages took place in the Southern District of Florida. In addition, during the time that they were arranging the fraudulent marriages, Chavez and Baez personally attempted to fraudulently obtain naturalization.

Mr. Ferrer commended the investigative efforts of ICE-HSI and U.S. Citizenship and Immigration Services, who provided significant and valuable support to this investigation. The case is being prosecuted by Assistant U.S. Attorney Vanessa Snyder.

An indictment is only an accusation, and the defendants are presumed innocent until proven guilty.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

#Scheme #fraud #immigration #DanielLenghea #www.lenghea.com #attorney #law

Jury Convicts Synthetic Cannabinoid Distributor

Republished by Daniel Lenghea, Esq.,a private Federal Criminal Defense Attorney in Miami from the news feed of The U.S. Attorney’s Office for the Southern District of Florida. www.lenghea.com

Ronen Nahmani, 41, of Aventura, Florida was convicted by a jury of conspiracy to possess with intent to distribute controlled substances and controlled substance analogues, namely, synthetic cannabinoids, in violation of Title 21, United States Code, Section 846. Nahmani is scheduled to be sentenced before Chief Judge Michael Moore on October 8, 2015 at 2:00 p.m.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and A.D. Wright, Special Agent in Charge, Drug Enforcement Administration (DEA), Miami Field Division, made the announcement.

Like all other illegal drugs, synthetic cannabinoids, also commonly known as “Spice” or “K2,” pose a nationwide health concern as they are not tested for safety. Clandestine manufacturing of these products increase the likelihood of overdose as users do not know what they are ingesting into their bodies. Synthetic cannabinoids are addictive, are extremely dangerous, and their effects can be life threatening. Since the beginning of 2015, synthetic cannabinoids accounted for thousands of reported exposures to poison at control centers nationwide. Because of their appeal to young adults and children, and their street costs, synthetic cannabinoids pose a growing risk to the public’s health and a hazard to public safety.

Nahmani’s conviction is the product of a long-term federal investigation into the importation and trafficking of synthetic cannabinoids. The investigation revealed that Nahmani purchased vast quantities of illegal chemicals from China and distributed those chemicals in Florida and across the country. The powdery chemicals shipped from China were turned into both leafy and liquid synthetic cannabinoid products that can be ingested by users.

In July 2014, Nahmani was found in possession of multi-kilogram quantities of synthetic cannabinoids, including AB-FUBINACA, PB-22, XLR-11, THJ-2201, 5-Cl-UR-144 and 5-Br-UR-144, as well as the equipment necessary to manufacture the synthetic products and packaging with labels such as “Scooby Snax,” “Diablo” “Platinum” and “Fire.” Spice and K2 are commonly sold in such packaging and often contain deceptive labeling that the product is “incense” and “not for human consumption” to thwart law enforcement detection. Some of the chemicals were not specifically listed under the Controlled Substances Act at the time of the offense conduct, but the government proved that they were controlled substance analogues intended for human consumption under the Controlled Substance Analogue Enforcement Act. The defendant is pending sentencing.

Mr. Ferrer commends the investigative efforts of DEA, working in conjunction with the Broward County Sheriff’s Office, Coconut Creek Police Department (PD), Coral Springs PD, Davie PD, Hollywood PD, North Miami Beach PD, and Miami-Dade PD, and the support from DEA Office of Diversion Control Drug & Chemical Evaluation Section and DEA Office of Chief Counsel.

The case was prosecuted by Assistant U.S. Attorneys Marton Gyires and Jonathan Kobrinski.

A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

#Miami #Law #DanielLenghea #www.lenghea.com #soflo #Scoobysnak #Diablo #Platinum #Fire #Florida

Martin County Resident Sentenced for Manufacturing Hash Oil in His Apartment Laboratory and Possessing a Firearm

Republished by Daniel Lenghea, Esq.,a private Federal Criminal Defense Attorney in Miami from the news feed of The U.S. Attorney’s Office for the Southern District of Florida. www.lenghea.com

A Martin County resident was sentenced to 90 months in prison for manufacturing hash oil in his apartment laboratory and possessing a firearm.

Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida, Hugo J. Barrera, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Miami Field Office, A.D. Wright, Special Agent in Charge, Drug Enforcement Administration (DEA), Miami Field Division, William D. Snyder, Sheriff, Martin County Sheriff’s Office, and David Dyess, Chief, Stuart Police Department, made the announcement.

Daniel Paul Vranich, 31, of Lake Park, was sentenced by United States District Court Judge Kenneth M. Mara, in Fort Pierce, to 30 months’ imprisonment for endangering human life while illegally manufacturing a controlled substance to run consecutive to a term of 60 months’ imprisonment for possession of a firearm in furtherance of a drug trafficking crime. Upon his release from incarceration, Vranich will be placed on supervised release for three years.

According to the stipulated factual basis in support of the defendant’s previous guilty plea, on December 30, 2014, at approximately 4:00 a.m., an emergency services call was made regarding an explosion at an apartment in Stuart, Florida. Members of the Stuart Police Department, Martin County Sheriff’s Office, Martin County Fire Rescue, Stuart Fire Rescue and State Fire Marshal’s Office responded to the residence and discovered a smoldering fire, as well as a large industrial vacuum drying oven with a timing device. Stuart Police Department detectives also found numerous large glass cylinders containing marijuana, numerous empty butane cans, air pumps and compressors, a vacuum oven, wax paper with approximately 48 grams of butane hash oil, a food saver sealing machine, two digital scales, an electric grinder, a money counting machine, a vacuum chamber, and numerous containers and storage bags. In addition, law enforcement discovered a loaded Sig Sauer .45 caliber pistol and personal documents belonging to Vranich. DEA agents and members of the Hazardous Material Unit (Hazmat) determined that the discovered chemicals, equipment and other items were used to operate a butane hash oil laboratory in the residence. The investigation further revealed that Vranich resided in the apartment with his family.

The stipulated factual basis further indicates that Vranich admitted that he was manufacturing and possessing with the intent to distribute the controlled substances, identified as marijuana and hashish oil, and that he possessed the firearm in furtherance of his drug trafficking operation. Vranich also admitted that while manufacturing and attempting to manufacture hashish oil he created a substantial risk of harm to human life.

Hash oil is a highly potent derivative of marijuana, obtained by extracting the resins containing Tetrahydrocannabinol (THC), the active psychoactive compound, from marijuana buds and plant matter through a chemical process using materials and equipment like those found in Vranich’s apartment. Because the butane vapor created during the process is extremely volatile, highly flammable and large amounts are required in the process of extracting the resin from the raw marijuana, explosions and fires from accidents have resulted in the destruction of property, severe injuries and even death.

Mr. Ferrer commended the investigative efforts of the ATF, DEA, Stuart Police Department, Martin County Sheriff’s Office, Martin County Fire Rescue, Stuart Fire Rescue and the State Fire Marshal’s Office. This case is being prosecuted by Assistant U.S. Attorney Carmen Lineberger.

#www.lenghea.com #Daniel Lenghea #Lenghea #hash #oil #marijuana #Florida

Three Real Estate Developers Sentenced to Prison for Their Roles in $27.8 Million Mortgage Fraud Scheme

Republished by Daniel Lenghea, Esq.,a private Federal Criminal Defense Attorney in Miami from the news feed of The U.S. Attorney’s Office for the Southern District of Florida. www.lenghea.com

Three Miami real estate developers were sentenced to prison terms today for their roles in a mortgage fraud scheme that caused losses of $27.8 million.

U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Agent in Charge Nadine Gurley of the Department of Housing and Urban Development’s Office of Inspector General (HUD-OIG) and Special Agent in Charge Timothy A. Mowery of the Federal Housing Finance Agency’s Office of Inspector General (FHFA-OIG) made the announcement.

Stavroula Mendez, 68, was sentenced to 135 months in prison; Lazaro Mendez, 42, was sentenced to 108 months in prison; and Marie Mendez, 49, was sentenced to 57 months in prison. U.S. District Judge Patricia A. Seitz of the Southern District of Florida also ordered each of the defendants to forfeit $35,252,331 in fraudulent proceeds and to pay $21,240,064 in restitution. In November 2014, all three defendants were convicted of wire fraud, bank fraud and conspiracy. Eleven other co-conspirators were previously convicted of fraud in connection with the scheme.

Stavroula Mendez, Lazaro Mendez and Marie Mendez owned, controlled or managed various condominium developments in the Miami area. According to evidence presented at trial, the defendants engaged in a scheme in which they facilitated payments to straw buyers as well as the submission of false loan applications on behalf of the straw buyers to secure mortgages to purchase units in the developments. Once the units were sold, the defendants retained both the profits from the sales and control over the units.

The trial evidence showed that Lazaro Mendez recruited family members and others to be straw buyers of units that he controlled at one development and that he facilitated the submission of false loan applications. In addition, Lazaro Mendez enlisted mortgage brokers and another individual to recruit straw buyers and to assist them in obtaining fraudulent loans. Lazaro Mendez received kickbacks for each referred buyer.

The evidence at trial demonstrated that, after units were sold at a development that Stavroula Mendez and her husband controlled, Stavroula Mendez funneled a portion of the loan proceeds to shell companies to pay the straw buyers’ closing cash obligations and mortgage payments. The evidence presented at trial further established that, in 2008 and 2009, Stavroula Mendez used other shell companies to divert more than $2 million of the fraudulent proceeds to bank accounts in Switzerland and Liechtenstein.

According to the evidence presented at trial, Marie Mendez used rental payments received by the conspirators to make mortgage payments, and directed cash to another individual to make mortgage payments on behalf of straw buyers. The evidence also showed that Marie Mendez submitted fraudulent loan applications for three condominium units that were purchased in her name.

Eventually, the defendants and their co-conspirators were unable to make mortgage payments, which caused dozens of condominium units to go into foreclosure. The scheme caused the Federal Housing Administration, Freddie Mac, Fannie Mae and private lenders to sustain combined losses of $27.8 million.

The case was investigated by the HUD-OIG and the FHFA-OIG. The case was prosecuted by Trial Attorneys Gary A. Winters, Brian R. Young and Kyle Maurer of the Criminal Division’s Fraud Section.

#Law #attorney #Daniel Lenghea #www.lenghea.com #Scheme #million #mortgage #fraud #real estate #developers #Florida #Miami

Independent Contractor or Employee?

Independent Contractor or Employee? by Daniel Lenghea, www.lenghea.com

Is the person working for your business an independent contractor or an employee?

Independent contractor or employee ? Treatment is not the same, and it’s important to understand the difference. Knowing this distinction will help you to know what your first hiring move will be and affect how you withhold a variety of taxes and avoid costly legal consequences.

What’s the Difference Between an Independent Contractor and an Employee?

An Independent Contractor:

Operates under a business name

Has his/her own employees

Maintains a separate business checking account

Advertises his/her business’ services

Invoices for work completed

Has more than one client

Has own tools and sets own hours

Keeps business records

An Employee:

Performs duties dictated or controlled by others

Is given training for work to be done

Works for only one employer

Many small businesses rely on an independent contractor or employee for their staffing needs. There are many benefits to using contractors over hiring employees:

Savings in labor costs

Reduced liability

Flexibility in hiring and firing

Why Does It Matter?

Misclassification of an individual as an independent contractor or employee may have a number of costly legal consequences.

If your independent contractor is discovered to meet the legal definition of an employee, you may be required to:

Reimburse them for wages you should’ve paid them under the Fair Labor Standards Act, including overtime and minimum wage

Pay back taxes and penalties for federal and state income taxes, Social Security, Medicare and unemployment

Pay any misclassified injured employees workers’ compensation benefits

Provide employee benefits, including health insurance, retirement, etc.

Tax Requirements

Visit the IRS Independent Contractor or Employee guide to learn about the tax implications of either scenario, download and fill out a form to have the IRS officially determine your workers’ status, and find other related resources.

Employment Information

There is no single test for determining if an individual is an independent contractor or an employee under the Fair Labor Standards Act. However, the following guidelines should be taken into account:

The extent to which the services rendered are an integral part of the principal’s business

The permanency of the relationship

The amount of the alleged contractor’s investment in facilities and equipment

The nature and degree of control by the principal

The alleged contractor’s opportunities for profit and loss

The amount of initiative, judgment, or foresight in open market competition with others that is required for the success of the claimed independent contractor

The degree of independent business organization and operation

Whether a person is an independent contractor or an employee generally depends on the amount of control exercised by the employer over the work being done. Daniel Lenghea, P.A. can assist you in determining if the person working for your is an independent contractor or an employee.

#lenghea #Daniellenghea #daniel-lenghea #www.lenghea.com #independent #employee #contractor

Three South Florida Defendants Charged in $10 Million Government Fraud Involving Six Miami Low-Income Housing Developments

Republished by Daniel Lenghea, Esq.,a private Federal Criminal Defense Attorney in Miami from the news feed of The U.S. Attorney’s Office for the Southern District of Florida. www.lenghea.com

A Miami Gardens resident pled guilty today in a stolen identity tax refund fraud scheme involving personal identification information taken from the State of Florida Department of Children and Families database.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Neil Melofchik, Acting Special Agent in Charge, U.S. Secret Service (USSS), Miami Field Office, made the announcement.

Kyron Jonathan Nedd, 22, of Miami Gardens, pled guilty to one count of possession of fifteen or more unauthorized access devices, in violation of Title 18, United States Code, Section 1029(a)(3), and one count of aggravated identity theft, in violation of Title l8, United States Codes Section 1028A(a)(1).

According to court documents, between February 1, 2014, and July 18, 2014, a total of 379 fraudulent federal income tax returns, for tax year 2013, were filed with the IRS from Nedd’s residence in Miami Gardens. The returns claimed $843,295 in tax refunds. The IRS refunded approximately $64,557 for those fraudulently filed tax returns.

Court documents state that on February 12, 2015, a federal search warrant was executed at Nedd’s residence, where agents discovered items containing personal identification information (PII) - names, dates of birth and social security numbers - of hundreds of individuals. Inside Nedd’s bedroom, law enforcement found a safe with numerous debit cards and computer-generated printouts from the State of Florida Department of Children and Families (DCF) database. IRS-CI agents have since determined that there were numerous instances in which the PII contained on the DCF printouts were used in fraudulent returns filed from Nedd’s residence.

According to court documents, federal law enforcement agents interviewed Nedd after serving the federal search warrant. Nedd admitted to law enforcement that he electronically filed the income tax returns from his house and that the returns were false and prepared without the taxpayers’ permission.

Nedd is scheduled to be sentenced on September 2, 2015 at 8:30 a.m., before the Honorable Robert N. Scola, Jr., United States District Judge. At sentencing, the defendant faces a maximum of ten years of imprisonment for the access devices charge, and a mandatory term of two years’ imprisonment, consecutive to any other prison term, for the aggravated identity theft charge.

Mr. Ferrer commended the investigative efforts of IRS-CI and USSS. This case is being prosecuted by Assistant U.S. Attorney Daya Nathan.

#www.lenghea.com #Miami #Soflo #Florida

Miami Gardens Resident Pleads Guilty in Stolen Identity Tax Refund Fraud Scheme Involving Identities from the Florida Department of Children and Families Database

Republished by Daniel Lenghea, Esq.,a private Federal Criminal Defense Attorney in Miami from the news feed of The U.S. Attorney’s Office for the Southern District of Florida. www.lenghea.com

Mr. Ferrer commended the investigative efforts of IRS-CI and USSS. This case is being prosecuted by Assistant U.S. Attorney Daya Nathan.

#www.lenghea.com #attorney #sobe #soflo #Florida #Miami

Getting a divorce in Florida

When it comes to getting a divorce in Florida, there’s the right way to go about it – and then there’s the way that involves plenty of work, headaches and heartaches for all parties involved. By Daniel Lenghea, www.lenghea.com

If you or your spouse has decided to file for divorce in Florida, at least one of you must be a resident of the state or a member of an armed force stationed in the state. If both you and your spouse agree that there are “irreconcilable differences,” and there should be a divorce, you can agree in writing to end the marriage. If one of you denies that the marriage is broken beyond repair or you have a child, the court may order counseling with a marriage counselor, priest or rabbi, or psychologist for up to three months.

How to Begin the Process of Divorce for Florida Residents

Also called a “dissolution” of the marriage, Florida divorces legally begin when you or your spouse files a “Petition for Dissolution of Marriage” with the Family Department of the local circuit court. The court serves the other spouse with the paperwork and gives him or her time to respond. If both you and your spouse agree on how to divide property, debt and responsibilities for any children, the divorce can be finalized without a trial. Otherwise, the court will assign a time for a hearing.

Marital Assets

Any assets and debts amassed during the marriage, referred to as “marital assets,” will be divided “equitably,” or fairly, upon divorce. Any assets you had before marriage may be considered “non-marital assets” if they were kept separated from property acquired during the marriage. You and your spouse can each retain your non-marital assets.

Dividing of Marital Property

Judges will divide assets equally, unless there is a basis for unequal distribution. The judge will consider both you and your spouse’s economic circumstances and the contributions each of you made to the marriage (including care for children and your marital home). If either you or your spouse wants to keep your marital home to live in with a child from the marriage, that may also be a factor for unequal distribution.

Alimony

Alimony is an extension of the obligation for spouses to support each other financially during the marriage. In divorce laws in Florida, a court can order alimony if it is “well-founded.” Factors the courts will look at include: the standard of living during the marriage; the length of the marriage; and the age and physical condition of each spouse.

Custody

If you and your spouse can’t come to an agreement on child custody, the court will make a decision based on what is in the “best interests” of the child. Unless there is a reason that it would be detrimental to your child’s upbringing, the court will usually grant shared responsibility. Sometimes the court will give one parent responsibility over specific aspects of a child’s welfare, such as primary residence, education or medical care. The court will consider the moral fitness of you and your spouse as parents, your abilities to provide for the child and the preference of the child, among other factors.

Child Support

Divorce laws in Florida include child support guidelines that judges use to figure out the support needed for a child and how much each parent has to pay. The court looks at both parent’s incomes and the child’s health and child care costs. Florida’s standard needs table lists support amounts based on the child’s age and the parent’s income. The court can also set aside joint or separate assets of the parents in a trust or fund for future support and education for the children.

Documents You Will Need

The court will need to know about all of your assets in order to divide them. Make copies of tax returns, bank statements, mortgage documents and any other financial information possible. This will save you time and money down the road. You should also take inventory of your major household and family possessions. A detailed household budget will help the court determine how much temporary support can be paid as well as if either you or your spouse can realistically afford your marital home on your own.

Debts

Any debt incurred before the marriage, such as educational debt, is not considered while dividing debts. Like assets, the debts will be divided equitably. If you have a mortgage, the court may order both of you to split the debt; if you stay in the home, the mortgage may be restructured to make you the sole owner and borrower.

Taxes

It is important to think about how a divorce, for Florida residents, will change your taxes. Property transfers, taxability of alimony payments and dependency deductions for children may all affect your tax filing status. Working with an accountant along with your lawyer will help you avoid making mistakes you may not be able to fix after the divorce.