Author Archives: W.F. Casey Ebsary

Foreign Corrupt Practices Act

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Foreign Corrupt Practices Act

Foreign Corrupt Practices Act
Foreign Corrupt Practices Act (FCPA)

What is the Foreign Corrupt Practices Act? Indictment charging criminal violations of the FCPA.

For those of you unfamiliar with the Foreign Corrupt Practices Act (FCPA), if may be time to get acquainted.

The FCPA, found at Title 15 U.S. Code Section 78dd, prohibits “bribes” to any individual working in the executive, legislative, or judicial branch of a foreign government in order to obtain or retain business. For years, business was done in certain foreign countries under a “pay to play” scenario- someone needed to get paid in order to get the deal done. Most often, when these arrangements were detected, the Department of Justice imposed civil fines and penalties and permitted the American company and its employees to keep doing business. That trend seems to have ended.
The DOJ and FBI have recently ramped up criminal enforcement of this law. Entire FBI squads as well as teams of DOJ lawyers are now assigned, full time, to identifying criminal violations and prosecuting alleged violators, individuals and companies. In addition to our very recent case in DC, on May 10, 2011, the government obtained convictions of Lindsey Manufacturing and two of its executives on charges of Conspiracy to violate the FCPA, arising out of an scheme to bribe Mexicans officials. Another criminal FCPA trial against employees of a California company, alleging bribes to a Chinese officials, will begin soon in Los Angeles. Do not think that these cases are limited to Fortune 500 companies and their employees- my client owned a mid-sized police equipment supply company in St. Petersburg . I must admit that I did not realize the full scope of the government’s efforts in this area until becoming involved in this case.
What happened in my case? After 9 weeks of trial and 6 days of deliberations, a mistrial was declared when the jury was unable to reach a verdict. They were hung 9-2 with one undecided for acquittal on the conspiracy, but closer on the substantive counts. We had raised many defenses available under the FCPA, including lack of business nexus between the payment and the contract, and absence of mens rea – the statute requires the government to prove both willfulness and corrupt intent. We also attacked, successfully, I believe, the method and integrity of the FBI’s investigation.
The bottom line here is that all clients and companies doing business with foreign governments must be made aware of this law. Although “bribes” are illegal, there are permissible ways to compensate foreign agents and foreign officials under limited circumstances. It is important to recognize the difference. Look for a lot more of these cases in the future.
Special Thanks to Guest Author.

What is Entrapment?

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What is Entrapment?
Sometimes law enforcement behavior can be so despicable that their conduct and method of investigation leads only to entrapped citizens. This form of entrapment is rare but not unheard of.

What is Entrapment?

Entrapment occurs when criminal conduct is a product of law enforcement officials. In other words, a police officer can’t lure an innocent person to commit a crime then arrest them for it. When cops cross this boundary the defense of entrapment is available.

Florida Laws on Entrapment

Florida recognizes two theories of defense based on entrapment: subjective and objective entrapment. See 777.201, Florida Statutes; Munoz v. State, 629 So. 2d 90, 99 (Fla. 1993). Subjective entrapment focuses on whether conduct by law enforcement induced, encouraged, or caused the defendant to commit a crime when he or she was not predisposed to do so. See § 777.201, Fla. Stat.; Jones v. State, 114 So. 3d 1123, 1126 (Fla. 1st DCA 2013).

Subjective Entrapment

The test to establish a subjective entrapment defense includes:

1. whether a government agent induced the defendant to commit the crime charged;

Inducement has been defined as “any government conduct creating a substantial risk that an otherwise law-abiding citizen would commit an offense, including persuasion, fraudulent representations, threats, coercive tactics, harassment, promises of reward, or pleas based on need, sympathy or friendship” Farley v. State, 848 So. 2d 393 (Fla. 4th DCA 2003).

2. whether the defendant was predisposed to commit the crime charged;

Predisposition asks whether the accused was awaiting any propitious opportunity or was ready and willing, without persuasion, to commit the offense. Munoz, 629 So. 2d at 99. Predisposition is not present when one has no prior criminal history related to the offense at issue. Nadeau v. State, 683 So. 2d 504, 506 (Fla. 4th DCA 1995).

(3) whether the entrapment defense should be evaluated by the jury.

Where the facts and the law establish entrapment there is no need for the jury to make any findings of fact. Where facts are contested though the issue of entrapment will be decided by a jury.

Objective Entrapment

Objective entrapment occurs when egregious law enforcement conduct amounts to a violation of the defendant’s right to due process under article I, section 9, of the Florida Constitution. See Munoz, 629 So. 2d at 99.

Simply put, law enforcement behavior can be so despicable that their conduct and method of investigation leads only to entrapped citizens. This form of entrapment is rare but not unheard of.

Thanks to Guest Author Robson Powers of the Law Office of Michael P. Maddux, P.A.

 

Gasparilla Arrest Update : 42 Busted

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Gasparilla Arrest Update

Gasparilla Arrest Update
Gasparilla Arrest Update
42 Busted
Gasparilla Arrest Update: “authorities announce a preliminary tally of arrests made throughout the day: 3 felony arrests and 39 misdemeanor arrests, including 12 for underage drinking. Sixty-three open-container citations are issued.”

Source TPD and Media Report

16 Tips for Surviving the Pirate Apocolypse

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16 Tips for Surviving the Pirate Apocolypse
#Gasparilla #PlayTampaBay

#Gasparilla #PlayTampaBay
Must be 21 or older to consume alcohol
Open containers only permitted in designated areas
Alcohol may not be consumed from kegs or large vessels
Must purchase alcohol from vendors
Only cans or plastic bottles permitted; no glass or Styrofoam cups or containers  

Cell Phone Searches – Supreme Court to Rule on Warrant Requirement

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Cell Phone, Cell Phone Search

Cell Phone, Cell Phone Search

Cell Phone Searches – Supreme Court

Update: “Chief Justice John Roberts delivered the opinion of the Court, concluding that a warrant is required to search a mobile phone.[8] Roberts wrote that it fails the warrantless search test established in Chimel v. California.”

 

“The Supreme Court granted certiorari review in two similar cases, both used with evidence obtained by means of a warrantless search of a cell phone during a lawful arrest.

One friend has said, “Wow, the Supremes are taking a serious look at cell phone searches! There’s been talk for a while now about the problems courts have applying old standard to modern technology.   We may get a sea change in S&S law. Of course, we may not, too, but it’s really worth watching.  If you have a cell phone search case now, for goodness sake make your 4th Am motion and/or objections (track the language in these 2 cases).” Thanks DE for your thoughts on this issue.


In Riley v. California, No. 13-132, a state case, the question presented is:

Whether evidence admitted at petitioner’s trial was obtained in a search of petitioner’s cell phone violated petitioner’s Fourth Amendment rights.

In United States v. Wurie,No. 13-212, the Feds appealed, the question presented is:

Whether the Fourth Amendment permits the police, without obtaining a warrant, to review the call log of a cellphone found on a person who has been lawfully arrested.
 The cases are Riley v. California, No. 13-132, and United States v. Wurie,No. 13-212.

Florida Attorney Case Review – Sentencing Cap – College Band – FAMU Hazing

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Florida A&M University, FAMU , Hazing, 782.07, 1006.63(2), Judge Marc Lubet, Jeff Ashton , Sentencing Cap,
Sentencing Cap – College Band
FAMU Hazing
Sentencing Cap in High Profile Case
Florida Criminal Attorney notes that in November 2013 an agreement that a potential Prison Sentence would be capped at 9 years in the high-profile Florida A&M University hazing case was apparently reached according to published reports. Notably, in July 2013, according to the Orlando Sentinel, Judge Marc Lubet “The Orange County judge presiding over the [Florida A&M University] FAMU hazing cases was unwilling Tuesday to cap at three years a possible prison sentence for an ex-band member charged with felony hazing and manslaughter in the death of Marching 100 drum major Robert Champion.” Here is an official copy of the 49 Page Arrest Warrant.
What is a Sentencing Cap?
Here is an example: While the maximum sentence in a second degree felony is 15 years and sentencing guidelines may call for a lengthy prison sentence, sometimes prosecutors agree with defense attorneys that a maximum sentence in a given case will be less that the statutory maximum. Generally judges will approve of these agreements. If the Judge does not approve of the agreement, then the case may be forced to trial.

 

A New York Times report states one band member “pleaded no contest to manslaughter on Wednesday and could become the first person to go to prison in the beating. The prosecutor, Jeff Ashton, described that band member as being “most consistently identified as the most enthusiastic” participant in the hazing ritual that killed the drum major, Robert Champion, in 2011. A plea deal calls for the band member to spend nine years in prison, though his lawyers can argue for less when a judge sentences him in February.”

Court Records show the band member charges as:

1. MANSLAUGHTHER (VOLUNTARY OR INVOLUNTARY) 782.07 2nd Degree – Felony

2. HAZING RESULTING IN DEATH 1006.63(2) 3rd Degree – Felony

Florida Statute Definition of Hazing

The Florida Statutes defines hazing as, “As used in this section, “hazing” means any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes including, but not limited to, initiation or admission into or affiliation with any organization operating under the sanction of a postsecondary institution. “Hazing” includes, but is not limited to, pressuring or coercing the student into violating state or federal law, any brutality of a physical nature, such as whipping, beating, branding, exposure to the elements, forced consumption of any food, liquor, drug, or other substance, or other forced physical activity that could adversely affect the physical health or safety of the student, and also includes any activity that would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct that could result in extreme embarrassment, or other forced activity that could adversely affect the mental health or dignity of the student. Hazing does not include customary athletic events or other similar contests or competitions or any activity or conduct that furthers a legal and legitimate objective.”

“It is not a defense to a charge of hazing that . . The consent of the victim had been obtained;”

Florida Law Penalties for Hazing

Third Degree Felony –  5 Years – serious bodily injury or death of such other person.

 

1st Degree Misdemeanor – 12 Months – Intentionally or recklessly substantial risk of physical injury or death.

University Definition of Hazing
The University now defines hazing as: “The term hazing shall include, but not be limited to, pressuring or coercing the student into violating state or federal law, any brutality of a physical nature, such as striking in any manner, whipping, beating, branding, exposure to the elements, forced consumption of food, liquor, drugs, or other substances, or other forced physical activities that would adversely affect the health or safety of the student and also includes any activity that would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contacts, forced conduct that would be demeaning or results in extreme embarrassment or any other forced activity that could adversely affect the mental health or dignity of the student. Hazing does not include customary athletic events or other similar contests or competitions or any activity or conduct that furthers a legal and legitimate objective. For purposes of this section, any activity as described above, or any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes, including, but not limited to, initiation or admission into or affiliation with a university sanctioned organization, shall be presumed to be hazing and a “forced” activity, the willingness or consent of an individual to participate in such activity notwithstanding.”

Sample Florida Arrest Warrant

Tampa Criminal Attorney Lawyer – Read More

Videos on YouTube

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Board Certified, Tampa Criminal Lawyer, youtube

Board Certified Tampa Criminal Lawyer on YouTube

 

Legal Videos on YouTube

Tampa Criminal Lawyer Tampa Criminal Defense Attorney – A Tampa Criminal Attorney narrates a one minute video on how to choose a criminal defense lawyer in Tampa, Florida . Tampa Criminal Defense Attorney, William F. “Casey” Ebsary, Jr. is a lawyer and specialist who practices in the area of criminal defense of all criminal charges in State and Federal Court. Casey is a former Assistant State Attorney and was a Criminal Prosecutor. Casey is Board Certified in Criminal Trial Law by the Florida Bar Board of Legal Specialization and Education. Less than one-half of one percent of Florida’s attorneys have qualified for this distinction.

Board Certified Specialist

W.F. ”Casey” Ebsary, Jr. , knows that hundreds of people are arrested, questioned, and indicted in both Florida State and Federal Courts every day. That’s where a Florida Bar Board Certified Specialist, comes in. Board Certified Specialist, W.F. ”Casey” Ebsary practices extensively in the Federal Court in the Middle District of Florida.

 

Mr. Ebsary is also AV rated by the Martindale Hubbell Directory and Lawyers.com. An AV rating is the highest rating issued by this nationally recognized lawyer rating service. An AV Rating shows that a criminal defense attorney has reached the height of professional excellence. AV Trial rated Criminal lawyers have practiced Defense law for many years, and are recognized for the highest levels of skill and integrity.

How to Select a Tampa Criminal Defense Attorney – Checklist for hiring an Attorney.

 

 

Is the Lawyer Board Certified?
Is the Lawyer Experienced?
Will you receive Personal Attention?
Is the Lawyer a Former Prosecutor?

 

In this video a Tampa Criminal Defense Attorney discusses how  to choose a criminal defense lawyer in Tampa, Florida . Tampa Criminal Defense Lawyer, William F. “Casey” Ebsary, Jr. is an Attorney who practices in the area of criminal defense of all criminal charges in State and Federal Court. Casey is a former Criminal Prosecutor. Mr. Ebsary is AV rated by the Martindale Hubbell Directory and Lawyers.com. An AV rating is the highest rating issued by this nationally recognized lawyer rating service. An AV Rating shows that a criminal defense attorney has reached the height of professional excellence. AV Trial rated Criminal lawyers have practiced Defense law for many years, and are recognized for the highest levels of skill and integrity.

Google Places – Review and Compare

Our  Tampa Criminal Defense Law Office in Tampa, Florida recently redesigned our Google Places / Google Maps pages. We have added Photos and videos. You can  a Tampa Criminal Defense Attorney here:

https://plus.google.com/101363839921148808253/about?gl=US&hl=en-US

Here are more  Tampa Criminal Defense Lawyer videos:

https://www.youtube.com/centrallaw

Transcript:

[Tampa Criminal Defense Lawyer Narrates] Hundreds of people are arrested every day, you may be one of them. I spend most of my time in court fighting state and federal criminal charges. I have arrived at my destination. One of the many courthouses in Tampa Bay where I help people. Let me help you. Have you got criminal charges in State or Federal Court? Let me help. Call me at 813-222-2220. [End of Tampa Criminal Defense Attorney Narrates]

Other Areas of Practice

 

 
DUI
Drug crimes
Hit and run or Leaving the Scene of an Accident
Driving while license is suspended
Robbery and Burglary

What can a Tampa criminal defense lawyer do for you or a loved one?

 

Contacting the State Attorney’s Office to negotiate on pending charges and possible penalties.
Providing emotional support in a challenging situation.
Planning what to do after the case is closed.
Discussing options including a plea bargain and reduced sentence.
Reviewing Florida law and possible defenses.
Planning your defenses.
Presenting your defenses to a Jury.

Pasco Oxycodone Defense Attorney – 813-222-2220 – Video on YouTube

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Pasco Oxycodone Defense Attorney

Pasco Oxycodone Defense Attorney

Pasco Oxycodone Defense Attorney has a FREE fully searchable Pasco Drug Crimes Oxycodone defense database on Oxycontin and drug charges in Florida. Drug Crimes Data Base Click Here. This video discusses and Compares How to use probable cause in criminal cases and the possibility of drug charges being dropped or dismissed when police improperly search for and then seize contraband. Casey reviews the Minimum Mandatory sentences that may apply to some Drug Trafficking cases. W.F. “Casey” Ebsary, Jr. is a Board Certified Criminal Trial Attorney, a specialist who defends drug crimes in Pasco County, Florida.

Transcript: [Pasco Oxycodone Defense Attorney Narrates] Hundreds of people are arrested every day. You may be one of them. I spend most of my time defending cases in State and Federal Courts. Many times drug crimes arise from searches of motor vehicles. Sometimes police will stop a car and then search it. Sometimes we are able to attack these searches when police do not have reasonable suspicion or probable cause to search the motor vehicle. In the event we can suppress the evidence, we may be able to have the drug charges dismissed, since there is no longer any evidence to be admitted against you in a criminal prosecution and evidence becomes unavailable for admission in a trial. I have arrived at my destination – one of the many courthouses in Tampa Bay where I help people. Let me help you. Criminal charges in State or federal Court? Let me help. Call me at 813-222-2220. Let me drive to court to help you.[End of Pasco Oxycontin Defense Lawyer Narration]

Polk Marijuana Defense Attorney 813-222-2220 – Drug Crimes – Cannabis

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Polk County Marijuana Law

Polk County Marijuana Law

Drug2Go.com and Polk Marijuana Defense Attorney now have a FREE fully searchable Polk Drug Crimes Cannabis Marijuana defense database on marijuana and drug charges in Florida. This video discusses and Compares How to use probable cause in criminal cases and the possibility of drug charges being dropped or dismissed when police illegally improperly search for and then seize contraband without a Search Warrant. Casey reviews the Minimum Mandatory sentences that may apply to some Marijuana and Cannabis Drug Trafficking cases. W.F. “Casey” Ebsary, Jr. is a Board Certified Criminal Trial Attorney, a specialist who defends drug crimes in Polk County, Florida.

 

Transcript: [Polk Marijuana Defense Attorney Narrates] Hundreds of people are arrested every day. You may be one of them. I spend most of my time defending cases in State and Federal Courts. Many times drug crimes arise from searches of motor vehicles. Sometimes police will stop a car and then search it. Sometimes we are able to attack these searches when police do not have reasonable suspicion or probable cause to search the motor vehicle. In the event we can suppress the evidence, we may be able to have the drug charges dismissed, since there is no longer any evidence to be admitted against you in a criminal prosecution and evidence becomes unavailable for admission in a trial. I have arrived at my destination – one of the many courthouses in Tampa Bay where I help people. Let me help you. Criminal charges in State or federal Court? Let me help. Call me at 813-222-2220. Let me drive to court to help you.[End of Polk Cannabis Defense Lawyer Narration]