Criminal

When you hear the term “drug trafficking”, it probably conjures images of El Chapo or Pablo Escobar. And while you’re not wrong, you don’t have to be head of a world-famous crime syndicate to be charged with drug trafficking in Texas or elsewhere.   A man in San Angelo, Texas was recently sent to prison for 25 years for drug trafficking – and it turns out that was the lucky outcome. He accepted a plea deal with prosecutors for a reduced sentence for the manufacture and delivery of controlled substances. Based on the amount he possessed when arrested, it could…
Losing a loved one unexpectedly can be absolutely devastating; and while nothing can bring them back, seeking compensation for a wrongful death can lessen the family’s financial burden. There is limited time to act, however, and if legal action is not taken in time the family may lose the chance to make a claim. The statute of limitations in Texas for wrongful death is two years from the date of the victim’s death, with very few exceptions. To help protect your family’s legal rights and preserve the ability to pursue legal action, contact our team of wrongful death attorneys today…
By : Clint Broden Dallas Federal Criminal Defense Lawyer While criminal cases in federal court are not often dismissed (unlike state court where dismissals happen more frequently), dismissals do happen.  That is why it is important that, if you are charged with an offense in federal court, you hire an attorney with significant experience representing criminal clients in federal court.  At Broden & Mickelsen we have handled almost 1,000 criminal cases. I recently represented a defendant charged in federal court with failure to register as a sex offender under the Federal Sex Offender Registration and Notification Act (SORNA).  18 U.S.C.…
By: Federal & Texas Money Laundering Criminal Defense Lawyer – Mick Mickelsen, Dallas When one hears the phrase “money laundering” one usually thinks of some activity by which illegal proceeds, such as that earned from selling narcotics, are made to appear as if they were derived from legitimate income. Most people also tend to think the crime of money laundering is much less serious than the underlying criminal activity from which it is derived. However, under Federal law, money laundering encompasses more activity than what people would assume, and the penalties for money laundering can be as severe as the…
In United States v. Kronowitz (S.D. Fla. No. 19-cv-62648 Findings of Fact and Conclusions of Law dated 6/3/21), CL here, the Court sustained the Government’s assertion of the FBAR civil willful penalty.  The facts were bad for Kronowitz in trying to avoid the penalty.  He was an accountant and regular tax return preparer over many years.  He claimed inter alia (slip op. 11): He admitted to seeing hundreds of Schedule Bs, and being familiar with the purpose of Schedule B and its requirements, but testified that he probably did not read the instructions because he was more concerned with…
A court has upheld Texas’ recently enacted “revenge porn” law that can land offenders in jail for up to a year. The state’s so-called “revenge porn” law makes it a misdemeanor to post somebody’s intimate photographs online without their consent. This month, the Texas Court of Criminal Appeals ruled that the law does not violate the First Amendment. The ruling by the state’s highest criminal court overrules a 2018 decision by a lower court that the law was unconstitutional, the Texas Tribune reported. The law enacted in 2015 made posting someone’s intimate photographs to the internet without their permission a…
Today, I revisit one of my “rant” topics – willful blindness (aka deliberate ignorance, conscious avoidance, etc.).  My past rants have been about using the concept of willful blindness as a substitute for a specific knowledge requirement in criminal statutes, particularly the willfully element of most Title 26 tax crimes.  To remind, that willfully element, often referred to as the Cheek interpretation of the willfully element in tax crimes, is specific intent to violate a known legal duty.  Cheek v. United States, 498 U.S. 192, 201 (1991).  Such a specific intent requires that a defendant know the facts that create…
In United States v. Goldsmith,  (S.D. Cal. 3:20-cv-00087-BEN-KSC Order dated 5/25/21), CL here and TN here, the Court granted summary judgment to the Government in a FBAR civil willful penalty FBAR collection suit.  The Court held that on the facts presented on the motion for summary judgment, the Government was entitled to summary judgment on Goldsmith’s liability.   It is a long opinion (73 pages).  The facts are ugly for Mr. Goldsmith and are recounted in detail on pp. 2-12 of the opinion.  On the facts presented and found for purposes of the motion, the Court held that  1. Mr.…
Way back when, a divorce in Texas would only be granted for certain, specified reasons. To seek a divorce, a spouse had to both allege and prove one such specific reason to get a divorce. Should he or she be unsuccessful in proving the alleged reason for seeking a divorce, then the divorce would be denied. This is what is still referred to as a “fault divorce.” A legally recognized form of the fault must be asserted and proven in order for a divorce to be granted. You can still seek a fault divorce in Texas, although no-fault divorce is…