Fort Lauderdale Criminal Attorney Blog

December 26, 2015

Former Sheriff Deputy Guilty of Receiving Child Pornography

By The Law Offices of Richard Ansara, P.A.

He had just turned 22 and his love interest was 15. Years ago, it might simply have been considered a Romeo-and-Juliet story.

But this is modern day, and he was a Pasco County Sheriff’s deputy and that 15-year-old was legally a child. That meant the short video clip the teen sent to his older paramour of himself engaged in a personal sex act was child pornography.

For this exchange and for driving to meet that teenager, fired deputy Matthew Bondi, a Deerfield Beach native, has pleaded guilty to a federal child pornography charge, as codified in 18 U.S.C. 2252(a)(2). By knowingly receiving a visual depiction of a minor engaged in sexually explicit conduct, he committed a crime formally classified as sexual exploitation of a minor. Now that he has pleaded guilty, Bondi faces a minimum of five years and a maximum of 20 years in federal prison. The Sun-Sentinel reports he is expected to be sentenced early next year. Continue reading

December 21, 2015

Troopers Suspect Drunk Driving in Fatal Crash on I-75 in Oakland Park

By The Law Offices of Richard Ansara, P.A.

The driver who rear-ended an Oakland Park food truck in September, causing fatal injuries to one of the passengers, is believed to have been under the influence of alcohol, according to investigating troopers with the Florida Highway Patrol.

According to a newly-released search warrant obtained by The Sun-Sentinel, driver Joseph Decaro Jr., co-owner of a Bonefish grill in Plantation, told the trooper he was taste-testing holiday martinis with the bartenders just an hour before the crash. Decaro, who has not been arrested or charged with any crime as of this writing, allegedly told the trooper he had left work about a half hour prior to the crash and had nothing to drink a half hour before he left the restaurant.

Authorities say Decaro was operating an F-150 truck when he rear-ended a food truck in which 54-year-old Patsy Jane D’souza was riding. She wasn’t wearing a seat belt and was ejected onto the highway, where she died. The 48-year-old food truck driver suffered minor injuries.

Decaro, 45, of Miami, reportedly told the investigating troopers on scene that he and his staff were instructing bartenders on how to make certain martini drinks to ensure they were properly mixed. As he described it, he consumed, “A sip of this one, a sip of that one. Make another one, sip of this one, sip of that one.” Continue reading

December 17, 2015

Florida Deputies: 11-Foot Alligator Killed, Ate Hiding Burglary Suspect

By The Law Offices of Richard Ansara, P.A.

A 22-year-old suspected burglar was found deceased in a Brevard County pond (which is more like a lake) near where he is believed to have hid as police with K-9 units pursued him ten days earlier. The cause of death? An 11-foot alligator, which was aggressively guarding the man’s corpse as authorities approached.

According to Bay 9 News, Matthew Riggins had notified his girlfriend that he and another man were in the Barefoot Bay community with the intent to commit house burglaries in the middle of the night on Nov. 12 and Nov. 13th. But a resident called the Brevard County Sheriff’s Office around 2 a.m. to report that two men wearing all black were walking behind houses in the neighborhood.

Authorities responded to the scene, but the two men took off on food. Deputies deployed a helicopter and a K-9 unit, but they couldn’t find the men. Meanwhile, according to the Orlando Sentinel, Riggins called his girlfriend to report he was hiding because the authorities were after him. He indicated he would probably be laying low for a few days. That was the last anyone spoke to him. Unfortunately, it seems he was laying low near a very large and aggressive alligator. Continue reading

December 14, 2015

Federal Judge Sentences Former Army Recruiter to 12 Years for Illegal Sexual Contact With Teens

By The Law Offices of Richard Ansara, P.A.

For sex and sexual contact with two 17-year-old girls, a 30-year-old former Army recruiter will serve 12 years in federal prison, following a plea agreement for which child pornography charges were dropped.

Jose Nieves Jr., from Sunrise, pleaded guilty to two counts of enticing a child to engage in sexual activity. Per 18 U.S. Code 2422, coercion and enticement, any person who persuades, induces, entices or coerces anyone to travel interstate to engage in any sexual activity (including prostitution) can be charged with this offense, for which the minimum penalty is 10 years and the maximum is 12 years.

However, by agreeing to plead guilty to these charges, he was able to evade conviction on the production of child pornography charge, as codified in 18 U.S.C. 2251, sexual exploitation of children. This statute punishes anyone who entices a minor into sexual conduct for purposes of producing visual depictions of such conduct to between 10 years and life in prison. Continue reading

December 9, 2015

Florida Judge Sentences Probation Violator to 60 Years in Prison

By The Law Offices of Richard Ansara, P.A.

A Florida probation violation is a serious matter that, depending on the circumstances, can result in reinstatement of the original maximum penalty, which may include years in prison. In fact, one might end up being sentenced to years behind bars for doing something that, had they not been on probation, would have been perfectly legal.

That’s why people tend to take these matters less seriously; they don’t see their offense as being egregious. But the courts can and do often take a very different stance.

Take for example the recent case of Herbert Smith, the 23-year-old Broward County man who was just sentenced to 60 years in prison for driving on a suspended license – a violation of his probation. This was not only much in excess of what defense lawyers were arguing, it was 47 more years than what prosecutors were requesting. According to the South Florida Sun-Sentinel, the stunning sentence has sparked outrage within the community, as family members have garnered 19,000 signatures in a petition to remove Broward Circuit Judge Matthew Destry. However, that’s not how the system works. Judges are elected, and the only way to remove one before an election is via a formal process overseen by the Florida Supreme Court. Continue reading

December 5, 2015

False Teeth Fraud Inquiry Morphs Into Child Porn Investigation in Sunrise

By The Law Offices of Richard Ansara, P.A.

Marino Vigna was a dentist who primarily treated geriatric patients suffering from dementia in nursing homes throughout Southeast Florida.

The Florida Attorney General’s office launched an investigation back in 2012 when they received information indicating the dentist may have been engaging in fraudulent billing practices. There were allegations he was charging for services he never completed. In other cases, there were instance in which it was alleged patients had dental work completed when it wasn’t necessary.

In search of billing records that might support these assertions, state investigators seized several office computers in June of this year. These included hard drivers and business records. But when they opened those records, they allegedly found something else entirely: Child pornography. Continue reading

December 1, 2015

Smart v. Florida – Rape Trial Will Continue After Juror Misconduct

By The Law Offices of Richard Ansara, P.A.

When a prospective juror in Palm Beach County stated in front of 70 others that a rape case defendant didn’t deserve a fair trail and ought to be “hung outside,” it was opined by the judge to be an attempt to get out of jury duty.

The judge said it won’t work. It’s possible the juror may face sanctions for his remarks in a courtroom this past July. The comments were made in response to a question by the judge. Still, the judge agreed to grant a defense motion to excuse all 70 prospective jurors, despite objections from prosecutors that it wasn’t necessary.

Now, the judge has ruled the case will continue with another attempt at trial. Attorneys for the defendant, 54-year-old Frederick Lincoln Smart, had argued the trial shouldn’t go forward at all because there was a deadline to hold the trial by no later than Aug. 6th. Smart filed a demand for a speedy trial, which meant there was only 50 days in which to commence the trial under Fla. R. Crim. P. 3.191(b). Continue reading

November 29, 2015

Florida Woman Gets House Arrest for $240k Social Security Fraud

By The Law Offices of Richard Ansara, P.A.

Social Security fraud is addressed under federal statutes – specifically, 42 U.S.C. 1383a. In part, the law defines fraud as having knowledge of the occurrence of any event that would affect one’s initial or continued right to any such benefit or the initial or continued right to any such benefit of any other individual in whose behalf or she applied for or received the benefits, along with a failure to disclose it.

Violation of this law carries a maximum five years in prison, plus an order for restitution.

Despite this, a Deerfield Beach woman who allegedly committed Social Security fraud for more than three decades was sentenced to house arrest, probation, community service and restitution. This was after defendant Claudia Carpenter, 60, pleaded guilty to two counts of theft of government funds. The Sun-Sentinel reported Carpenter admitted to the court when entering her plea that she failed to tell the Social Security Administration when her mother died in 1984. Instead, she continued collecting her mother’s disability checks – about $900 each month – which were automatically deposited to their joint bank accounts. Years later, she started taking the money out of automatic teller machines. Continue reading

November 27, 2015

Florida Hit-and-Run Captured on Electronic Devices

By The Law Offices of Richard Ansara, P.A.

Most criminal lawyers will tell you eye witness testimony is incredibly unreliable. There are often many ways to successfully challenge eye witness accounts in court.

However, it can be much more challenging when the “witness” is a camera. In this digital age, where everyone has a smartphone, surveillance cameras are everywhere and even traffic signals come equipped with the ability to capture images, that’s becoming an increasing reality in many cases.

This was underscored recently in the case of a Sunrise hit-and-run crash last month. Continue reading

November 21, 2015

DUI Manslaughter Defendant Fights for Third Trial in Two Appeals

By The Law Offices of Richard Ansara, P.A.

A battle over blood evidence is one of just two fronts on which a polo club founder is fighting his conviction for DUI manslaughter, following a second trial over a fatal accident in Wellington that killed a 23-year-old recent engineering graduate.

Defense attorneys for 52-year-old John Goodman, heir to a heating-and-cooling company and founder of the polo club, argued recently before Florida’s 4th District Court of Appeal that the blood evidence against him is not reliable. Because prosecutors leaned heavily on it during his second trial, they argue a new trial should be granted.

He is also appealing his retrial conviction on other technicality grounds. Further, he is asking the state to give him “credit for time served” for the 368 days he spent on house arrest while his second trial was pending.

Prosecutors are fighting back on each of these appeals. https://www.ansaralaw.com/dui.html