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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16267
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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I have an SEC complaint filed but no charges. Subsequently

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I have an SEC complaint filed but no charges. Subsequently I was arrested at LAX under a warrant for alledged passport fraud. At the Bail hearing the prosecution tried to link the SEC allegations to the Passport Case. My first question is: How much evidence or allegation is transferable from a Civil Case pending but subject to A Motion for Summary Judgement to the Felony Case for which I have yet to be indited?
Both agencies have signalled that they wish to do a "deal" but to date in the former the terms have been unacceptable. In the latter there has been no meaningful dialogue because in my judgement if the SEC Complaint went away so would the allegation of passport fraud.
The following provides the background to the passport allegation which as a felony naturally is more worrying:
The change in passport name was to my husbands name . Under the married name I had made an application for a specialist work visa in UK. It was in process but I needed the passport in my married name. My regular passport todate was in my maiden name. I have never had a social security card that shows my married name , I have never had a birth certificate that shows anything other than my true information, and I have never knowingly provided any incorrect info on any Government document or application. When applying for the passport at the counter, I produced:
My valid current passport in my maiden name
My marriage certificate to support the name change to my husband, which also shows my maiden name.
My FL driving license in my married name
A Birth certificate I believed to be mine which I did not review
A passport application to get a second passport because of the upcoming UK permanent visa application, also which I did not review
I turned up in my maiden name changing my name to my married name as always planned in order to get my final UK visa. There is NOTHING unusual about this and no reason to suggest I was trying to be anyone other than myself.
I was requested to obtain a new birth certificate because the one I submitted was apparently a copy and not an original. I was also requested to present a copy of my social security card with the replacement birthcertificate.
By this time I needed to be in UK and new that I could apply at the US Embassy. When I went to apply at the US embassy, I was advised to get a new 10 year and the new 2 year. I was given applications to fill out, which I was able to do correctly without any problems. I provided my passport again and my marriage certificate and the new birth certificate and FL driving license. All was in good order and I was told to return in 10 days to pick up the two passports. In the event a passport was issued in my married name to facilitate the UK visa application. Subsequently it was recovered from the UK authorities on the ground there was passport fraud.So there is no way any of my actions can threaten anyone now or in the future and there is no gain to the US Government or me or anyone else by prosecuting me for whatever mistakes have been made. No gain or injury to any party – except the injury to me that these proceedings have caused.
My second question is what options or strategy do I have for plea bargaining. How compelling is my position? I consider I could only accommodate a minor misdemeanour or dismissal otherwise if the prosecution will not drop the case I see no alternative to trial with the attendant risks
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Alex Esquire :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex Esquire :

Let me start by letting you know that the conviction rate in Federal Courts are at 98%. So most defendants do try to negotiate a plea bargain with the government to avoid the risk and expense of going to trial with statistically less than 2% chance of being found not guilty.

Alex Esquire :

As far as plea bargain negotiations, it should be done by an experienced federal criminal defense attorney who can try to negotiate the best plea deal. Knowledge of the prosecutor by the defense attorney helps to make this negotiations go smoother in most cases.

Alex Esquire :

Also if defendant had already been indicted, Federal prosecutors know that they can probably successfully prosecute most of the criminal cases before them (keep in mind Federal government does have huge resources available to them), but have their own discretion and guidelines on what types of cases they need to be tough on and go all the way and which ones can be somewhat liberally plea- bargained.

Alex Esquire :

If I have answered your question please click on the green button as this is the only way I get paid for my time and efforts. Bonus and positive feedback are always appreciated. Thank You.

f I have answered your question please click on the green button as this is the only way I get paid for my time and efforts. Bonus and positive feedback are always appreciated. Thank You.
Customer: replied 6 years ago.

Thanks for the response. For the avoidance there has been no indicement in the alledged Felony nor any charge from the SEC.

I note in your response you have not really addressed the first question relating to the cross use of allegations.

In RI there appears to be one Judge that adjudicates on both cases. On this basis it seems difficult for the Judge to be entirely objective because one case could in all probability bias the other (In either direction).

Because the alledged felony was committed in New York State would it be prudent to seek a shift to that State. alternatively my state for residence is Florida.

Generally in a situation like this, it would be advisable to have two different Federal judges on two unrelated cases, in order to avoid bias. I also would think that the passport fraud charge should be tried in NY Federal court, and not on Long Island as it took place in JFK, NY could be the proper venue.

How long ago were you arrested for passport fraud?
Customer: replied 6 years ago.
The answer to your question is June 5th of 2010
It seems that the government is taking an unusually long time in a simple case like yours to charge you with indictment. Are you currently represented by an attorney and if you are what are his thoughts on this delay?

Also are you currently out on a bail-bond?
Customer: replied 6 years ago.

The Attorney is trying to convince them to drop the case. This would be easier he felt if we are successful with the Motion for Summary Judgement on the SEC case because one of the defined motivators for committing passport fraud goes away. Though if the SEC looses doubtless they would appeal. He also expresses the view that none of it makes any sense because fraud is about being another person. In this case I have never attempted to be anyone other than who I am! There is no hurt or harm to anyone and none was ever contemplated. He also feels were it not for the SEC I would just received a telephone call saying what have you done here. But he in no way underestimates the task. He also feels that as part of his negotiating inventory a move to New York would be prudent and sensible. But he does not want to play the card too soon. Moreover because some of the docs were faxed using the RI telephone the prosecution could ague that at least the alledged wire fraud segment is properly under RI jurisdiction.

Finally yes I am out on a bail bond of $250,000 which again seems way out of proportion with the alledged crime

Well your attorney would be in the best position to evaluate your case, as he has access to all the document and facts and we are only here to provide general legal information.

Fraud is generally defined in the law as an intentional misrepresentation of material existing fact made by one person to another with knowledge of its falsity and for the purpose of inducing the other person to act, and upon which the other person relies with resulting injury or damage. Fraud may also be made by an omission or purposeful failure to state material facts, which nondisclosure makes other statements misleading.

To constitute fraud, a misrepresentation or omission must also relate to an 'existing fact', not a promise to do something in the future, unless the person who made the promise did so without any present intent to perform it or with a positive intent not to perform it. Promises to do something in the future or a mere expression of opinion cannot be the basis of a claim of fraud unless the person stating the opinion has exclusive or superior knowledge of existing facts which are inconsistent with such opinion. The false statement or omission must be material, meaning that it was significant to the decision to be made.

Sometimes, it must be shown that the plaintiff's reliance was justifiable, and that upon reasonable inquiry would not have discovered the truth of the matter. For injury or damage to be the result of fraud, it must be shown that, except for the fraud, the injury or damage would not have occurred.

To constitute fraud the misrepresentation or omission must be made knowingly and intentionally, not as a result of mistake or accident, or in negligent disregard of its truth or falsity.

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