Palm Beach County

October 8, 2018

Supreme Court Denies Wellington Polo Magnate’s Appeal in DUI Case that Killed UCF Grad

More than three years after a Wellington polo mogul was convicted for a second time of DUI manslaughter in a 2010 crash that killed a 23-year-old UCF graduate, the Florida Supreme Court rejected his final pending appeal.

In a one-sentence order, the state’s high court said it wasn’t going to consider the man’s claims that the West Palm Beach-based 4th District Court of Appeal erred in October when it upheld his conviction and 16-year prison sentence.

The high court’s decision came weeks after it rejected the man’s claims that his conviction should be thrown out because of the way his blood was drawn after the alcohol-fueled crash in Wellington that claimed the engineering graduate’s life.

The founder of the International Polo Club claimed the use of a small-diameter needle to draw his blood and lax procedures at a lab falsely elevated his blood-alcohol level to 0.177 percent — more than twice the level at which Florida drivers are by law considered impaired. Justices ruled that the procedures established by the Florida Department of Law Enforcement are sufficient to protect against false readings.

The man’s first conviction was overturned due to jury misconduct. In a self-published book, one of the jurors described conducting his own drinking experiment to determine if the man had been intoxicated on the night of the crash. The second trial produced the same verdict and prison sentence.

The man is being held in the Wakulla Correctional Institution south of Tallahassee. His expected release date is June 7, 2029, according to the Florida Department of Corrections.

Blood draws in DUI cases are surrounded by much controversy. A positive blood test may seem like a nail in the coffin, but it is not. Just because the test comes back with a reading of .08 or greater does not mean you are automatically guilty. There are innumerable ways your South Florida DUI/DUI Manslaughter Defense Attorneys at Whittel & Melton can challenge this test result. We will call into question every step of the process to raise doubt about your guilt.

Blood draws must be conducted by trained professionals and the whereabouts of the blood sample must be meticulously recorded. This is a multi-step process that has much room for imperfections and human error.

May 9, 2018

Pedestrian Bridge Collapse Update: Cracks Found on Bridge Weeks Before Collapse

by Whittel & Melton, LLC

Crews have apparently found cracks in a key part of the pedestrian bridge that collapsed near the campus of Florida International University earlier than previously acknowledged, but it remains unclear whether the fissures caused the structure’s failure.

Documents from Florida International University show the cracks were found in late February. The structure collapsed March 15, killing six people.

Reports indicate that the photos show the cracks in a piece of a support truss on the north end of the span where the collapse began.

Bridge engineers have said that the cracks suggest a problem that should have been addressed before the section that failed was moved into place.

It is not yet clear whether construction crews repaired the cracks before the failure.

The National Transportation Safety Board is still investigating the cause of the collapse.

According to investigators, most bridge collapses happen because of construction faults, not design faults. However, until the National Transportation Safety Board completes their investigation, it’s hard to say what might have gone wrong or speculate on who could potentially be held responsible. There are several different parties involved in the design, testing, and construction of the bridge. It is entirely possible that multiple parties will be held accountable for negligence when all is said and done.

If you or someone you love has been injured or killed in a construction-related accident, our South Florida Injury Lawyers at Whittel & Melton can help you determine what steps to take next. Our goal is to identify who is at fault and hold them responsible for damages.

March 27, 2018

Latest Medicare Fraud Schemes Targeted $139.4M via Kickbacks

by Whittel & Melton, LLC

Three Medicare fraud schemes in recent weeks have targeted a total $139.4 million, which led the Department of Justice to seek multiple convictions and a combined 33 years in prison sentences.

Each of the alleged schemes involved the use of provider kickbacks, a popular activity in healthcare, to entice healthcare professionals to inappropriately redirect clients and beneficiaries to specific healthcare businesses.

Law enforcement officials began their crackdown on Medicare fraud earlier in the year with a mix of provider convictions and settlements involving roughly $3 million dollars.

Combating healthcare fraud continues to be a top priority for law enforcement officials because of the dangers it presents to vulnerable beneficiaries in the Medicare program, as well as the potential to recover billions in Medicare spending.

A Detroit provider was sentenced to six years in prison for $10.4 kickback scheme. The case apparently involved kickbacks for unnecessary electromyogram (EMG) tests and physical therapy tests.

He was convicted of one count of conspiracy to commit healthcare fraud, one count of wire fraud, two counts of receiving healthcare kickbacks, and had to personally forfeit $1.69 million.

A 70-year-old Boca Raton man was sentenced to five years in prison for $63 million in home health care fraud. Him and eleven other co-conspirators apparently submitted false and fraudulent claims to Medicare through kickbacks that were medically unnecessary, were not eligible for Medicare reimbursement, or were never provided by his clinic.

The man was found guilty of hiding the payments by using his clinic to provide a salary through the kickbacks, and was paid a flat rate based on the number of individuals he referred. The man also admitted patients for partial hospitalization program (PHP) services even though he knew the patients didn’t qualify for PHP service.

He was convicted of one charge of conspiracy to defraud the United States and to receive healthcare kickbacks. He personally had to forfeit $9.9 million and a personal money judgement over $400,000.

The case was investigated by the FBI, HHS, and OIG with supervision from the Medicare Fraud Strike Force and the US Attorney’s Office for the Southern District of Florida.

A 52-year-old Miami owner of multiple home health agencies was sentenced to 20 years in prison for $66 million in Medicare fraud that used his network of 20 home health agencies to host an elaborate kickback scheme.

The man and other co-conspirators were found guilty of recruiting individuals to represent his home health agencies in order to hide the man’s identity as they paid illegal bribes and kickbacks to patient recruiters to refer patients to these agencies.

The man also admitted that he submitted false and fraudulent home healthcare claims for Medicare beneficiaries that did not qualify for many services.

He had to forfeit $66.4 million in restitution and is convicted of one count of conspiracy to commit healthcare fraud and wire fraud.

The case was investigated by the FBI and was brought forward by the Medicare Fraud Strike Force and the US Attorney’s Office for the Southern District of Florida.

The Federal Anti-Kickback Statute makes it a felony to knowingly and willfully offer, pay, solicit, or receive remuneration, directly or indirectly, in order to induce business that is reimbursable under any federal health care program, such as Medicare or Medicaid. If accused of this crime, you could be facing both criminal and civil penalties.

Are you under investigation for Medicare fraud? You are not alone. About 1,400 individuals are indicted in federal court for health care fraud every year and more than 2,500 individuals are currently being investigated for Medicare fraud.

October 9, 2017

Motorcyclist Killed in High-Speed Port St. Lucie Crash

by Whittel & Melton, LLC

A 23-year-old motorcyclist was killed Tuesday following a crash in Port St. Lucie, police said.

The motorcyclist was eastbound on Southwest St. Lucie West Boulevard on a 2011 Kawasaki when he crashed into a 2004 Honda Pilot as it turned onto Southwest California Boulevard.

The man struck the Honda at a high rate of speed, police said.

The man driving the Honda sustained minor injuries and was released from a hospital. The motorcyclist died at the scene.

Port St. Lucie police are still investigating the crash.

When a person is involved in a car accident, they have a seatbelt, air bags, and a sturdy car surrounding them as protection in the event of a crash. Even with all these safety features, catastrophic injury can result. Motorcyclist lack most of the protections a car provides to passengers, so you can imagine what damage a motorcyclist can sustain in an accident. Broken bones, neck injuries, back injuries and severe brain trauma are just a few of the possible injuries that could result. Even when wearing a helmet and protective clothing, there is little that a motorcyclist can do to protect themselves from the sheer impact of a car, truck, or the pavement at high speeds.

August 22, 2017

17-Year-Old Boynton Beach Teen Accused of Raping 10-Year-Old Boy

by Whittel & Melton, LLC

A 17-year-old teen from Boynton Beach was charged with molesting a 10-year-old boy after he allegedly admitted it to the boy’s mother, according to police.

The teen faces charges of sexual battery of a child and lewd and lascivious molestation.

Police apparently began investigating July 18 when they met a Delray Beach woman and her 10-year-old son at Bethesda Memorial Hospital in Boynton Beach. The woman said she confronted the teen about rumors that he had molested a child in Delray Beach. The report indicates that the teen admitted that he had touched her son.

Investigators with the Child Protection Team allegedly found signs of sexual abuse on the boy.

According to police, the boy said the teen raped him in a closet.

The teen was booked into Palm Beach County Jail and held without bond.

If your child has been accused of rape or another sex crime in Palm Beach County, it is important to speak with an experienced criminal defense lawyer as soon as possible. Due to the potential consequences that could come with a juvenile sex crime conviction, and the fact that police and prosecutors are already building a case, it is imperative to exercise your right to legal representation.

What you may not know is that a juvenile can be arrested for the same types of sex crimes as adults. This includes rape, sexual assault, child molestation and related charges. Our South Florida Sex Crimes Defense Lawyers at Whittel & Melton will examine all of the evidence of the alleged sex crime, including witness statements, police reports, DNA evidence and other physical evidence. We will conduct our own investigation into the charges and determine how best to proceed.

August 10, 2017

23 Men Arrested for Alleged Online Sex Crime Targeting Children in St. Lucie County

by Whittel & Melton, LLC

An investigation into alleged child predators apparently resulted in the arrests of 23 men, mostly from St. Lucie County.

Operation: Guardian Angel, a joint investigation with the South Florida Internet Crimes Against Children Task Force, took place on eight random days over the course of a month, according to reports. Undercover deputies posed as children on websites and social media platforms where they claim the men pursued them.

The charges against the men, whose ages range from 20 to 79, include lewd and lascivious behavior on someone 12 to 16 years old; use of a computer to seduce, solicit or lure a child; use of a two-way communication device to facilitate a felony; traveling to meet after using a computer to lure a child; and misrepresentation of age to solicit, lure or seduce.

Deputies pretended to be 13- to 15-year-old girls and boys who were home alone during the summer.

All of the men arrested are first-time offenders.

Online sex stings are aimed to trap “so-called predators” into doing something illegal. It is very interesting that all of the men arrested have never been arrested before, which raises a big red flag. Police like to paint the picture that these men “just haven’t been caught yet,” but the reality could be that they were actually victims of police entrapment.

Entrapment is an illegal scenario where police use persuasion or coercion to convince a regular law-abiding citizen to break the law. This is considered illegal when the citizen would not have engaged in the activity otherwise without being persuaded or coerced.

March 9, 2017

Bondi Battles Florida Supreme Court Over DUI Blood Draws

by Whittel & Melton, LLC

Florida Attorney General Pam Bondi has asked the state Supreme Court to reject Wellington polo club founder John Goodman’s request that the court invalidate Florida’s administrative rules for the drawing and collection of blood in drunken driving cases.

In 2016, the 4th District Court of Appeal had rejected John Goodman appeals of his DUI manslaughter conviction based on questions raised about how blood is drawn and records are kept, but agreed to refer those questions to the Supreme Court.

In November, the Florida Supreme Court agreed to to consider Goodman’s appeal of his 16-year prison sentence by finding the answers to the following questions:

Do Florida Department of Law Enforcement rules ensure proper blood draws?
Should current rules include further regulations on how blood samples are screened and documented by analysts?

Goodman’s appeal argued the blood test result should have been thrown out because the results may have been skewed due to a smaller needle used at the time. Hours after Goodman crashed and killed Scott Patrick Wilson in February 2010, investigators say Goodman’s blood alcohol level was 0.177 percent. In Florida, the legal limit is 0.08 percent. Goodman was convicted twice in the fatal crash.

In her brief, filed on Friday, Bondi said the current rules are adequate and that “no other state appears to regulate needle gauge or tourniquet usage during blood draws.” She also sided with the 4th DCA’s explanation that if the FDLE tried to regulate screenings and documentation as Goodman’s attorney suggested it “would run the risk of locking in today’s current scientific methodology preventing the evolution and improvement of the system.”

“The Court should reject Goodman’s attempt to impose a hypertechnical requirement on the Department to included step-by-step regulation of what occurs in a laboratory,” Bondi wrote.

At this time it is unknown when the court will rule on the case.

DUI blood draws can be skewed by many different factors, including whether your arm was sterilized with alcohol or if your blood was extracted and stored properly, just to name a few. It will be interesting to see how the Florida Supreme Court rules on this issue.

September 15, 2016

Man Sentenced To 16 Years In Prison For Mortgage Scam

by Whittel & Melton, LLC

A man convicted of conspiring to defraud more than 30,000 Americans out of about $31 million was sentenced on Thursday to 16 years in prison.

The California man was also ordered to pay $11.9 million in forfeiture and restitution.

The man was convicted of running a mortgage scheme from November 2011 through May 2014, causing more than 60 homeowners to lose their homes.

The man apparently oversaw about 65 telemarketers and managers in his role as general manager of sales at the company.

Prosecutors claim that the Irvine-based company persuaded homeowners in dire financial shape to modify the terms of their mortgages to make them more affordable.

Four other people convicted in the scheme are awaiting sentencing.

With the housing market where it is currently, prosecutors are going after anyone accused of mortgage fraud to the fullest extent of the law. Rest assured that they will stop at nothing to achieve a conviction for this white collar crime. Their ultimate goal is to make sure that anyone accused of mortgage fraud is proven guilty.

Loan and mortgage fraud can be complicated, and most of these cases are unique. Our South Florida Fraud Defense Lawyers at Whittel & Melton can comb through every shred of evidence in your case to filter fiction from fact, so that we establish the most powerful defense on your behalf. We can aggressively attack the prosecution’s case and make sure your rights are protected.

July 30, 2014

Information from Informants Now Fair Game in Criminal Discovery: Jailhouse “snitches” no longer protected by rules of criminal procedure

by Whittel & Melton, LLC

The Florida Supreme Court amended the Florida Rules of Criminal Procedure last week, stripping Florida state prosecutors of their discretion to disclose information about informants. Under a new rule that lifts the curtain on the jailhouse snitches who long have been the source of false testimony in criminal cases, juries will be provided a more complete picture of the context of an informant’s testimony.

The Innocence Commission estimates that as many as 15 percent of convictions later overturned by DNA testing involved false testimony by informants at trial and that informant perjury was a factor in nearly 50 percent of wrongful murder convictions and in 46 percent of exonerations for death row inmates.

New Procedure rules protect defendants from self-serving informant testimony

June 10, 2014

Three Men Arrested for Fraud in Palm Beach ATM conspiracy

by Whittel & Melton, LLC

Three men– a native Russian and two Latvians–were recently arrested by Federal Agents who say that the men were using skimming devices on ATMs in Palm Beach County.

Reports say that the men were charged with conspiracy to knowingly use with intent to defraud one or more counterfeit access devices and knowingly possessing with intent to defraud device-making equipment.

According to the federal complaint, the men’s apprehension started with an investigation by Customs and Border Protection officers who fell upon a package originating from Turkey at a mail hub in Kentucky. The package contained a “flexible shaft machine,” and 15 skimmers or similar devices used to capture credit card information.