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Miladis Salgado of Miami, FL, Wants to Take Wrongful Seizure Case to U.S. Supreme Court

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person-taking-photo-of-grey-concrete-building-1000740-300x200Miladis Salgado of Miami, FL, had $15,000 seized from her home in 2015 after what turned out to be an erroneous drug tip. Salgado has worked to get her property back and recoup the costs of defending herself in court. While the government has given back her property, Salgado is still financially worse for wear, and some are calling for the US Supreme Court to examine her case. This is just the latest in a series of high-profile wrongful seizure cases that are causing scrutiny of the practice of civil asset forfeiture. 

 

Salgado was legally separated but still living with her ex-husband Wilson Colorado when the raid occurred. At the time, the Drug Enforcement Agency was tipped off to allegations of drug trafficking against her ex-husband.  

Colorado worked for AnnChery Fajas Inc., a Columbian company that makes fajas, a type of waist-training clothing that became highly popular following recommendations by high-profile celebrities, including Kim Kardashian. After a falling-out with the company, wherein AnnChery accused Colorado and a co-worker of stealing merchandise, Colorado emptied his bank account, choosing to store the funds in his home instead.

 

Because of the difficulties with AnnChery, at the time of the raid, Colorado had more than $100,000 in cashier’s checks and more than $50,000 in cash in his home. He was reportedly going to use these funds to help support his own garment business, but they were all seized. Salgado had $15,000 seized in the raid. The funds reportedly included allocations for her daughter’s upcoming quinceanera, which she had to cancel. Salgado was not alleged to be part of any criminal activity, but her property was still seized. However, Salgado has had to spend considerable time and resources to fight this wrongful seizure.

 

Salgado, who has had to use the court system to recover her seized money, is now attempting to get the federal government to pay her attorney’s fees for every legal proceeding she has participated in as a result of the seizure. Unfortunately for Salgado, she is left with little recourse but to take her case to the Supreme Court. Due a dismissal of the case by the Justice Department, Salgado was found to be not entitled to attorney’s fees, and one third of her recovery was taken by her contingency fee attorney for legal fees. 

 

The allegations against Colorado and his former coworker by AnnChery appear to be completely unrelated to this case. It is not immediately clear whether the company took legal action.

 

In Florida, the amount of money the state has amassed through forfeiture is considerable. From 2009 – 2014, the state amassed over $117 million dollars in combined currency, real property, and vehicles through this practice incidental to criminal cases. Florida law currently requires law enforcement agencies to file yearly civil forfeiture report detailing what has been seized under this scheme.

 

South Florida Workers’ Compensation and Civil Forfeiture Attorney

If you or your loved one has been the victim of civil forfeiture, you should hire an attorney. Contact us to set up a free initial consultation and work with one of South Florida’s most experienced civil forfeiture defense attorneys.

 

Source: 6.12.19 Miladis Salgado Seizure

Jeffrey Epstein’s Sexual Abuse Victims Not Guaranteed Asset Forfeitures after His Suicide

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Jeffery Epstein, 66, was found dead in his Manhattan jail cell on August 10th, 2019 of suspected suicide. Epstein had been accused of sexually abusing multiple women as children and was registered as a Level 3 sex offender in November 2011. 

His death has ended the almost decade-long criminal case against him. Now, his lawyers have cited civil forfeiture as their way of compensating the women he allegedly sexually abused. 

Under New York City forfeiture statutes, in light of his death, prosecutors on Epstein’s case can sue his estate and seize his real estate assets. This includes a large Upper East Side mansion valued at more than $56 million.

After Epstein was indicted last month on multiple charges of conspiracy and sex-trafficking, the State of New York did try to seize his Manhattan home. Sources reported that Epstein’s total net worth last month was around $559 million.

However, Epstein’s finances have always been opaque, and there has been limited documentation linking him to his abusers. Therefore, there is uncertainty regarding whether the victims will receive compensation after Epstein’s creditors are paid. 

In cases of financial fraud, victim losses are usually based on documentary evidence. For Epstein’s case, the accusers must provide physical evidence or testimonies that prove physical, mental, or financial harm. 

Epstein’s accusers have grown into the dozens since his case has begun. Authorities say that this number is expected to grow even more. The majority of his accusers stated that Epstein sexually abused them as children. Many of the victims claim that Epstein called on middle-school and high-school girls to give him sensual massages.

Last Wednesday, a New York State law took effect, removing the time limit for sexual-abuse victims to sue. Several accusers, via their lawyers, have stated that they are seeking damages to compensate for psychological harm. 

Last Monday, Attorney General William Barr issued a warning for Epstein’s suspected accomplices, many of whom were adults who enabled his behavior towards the then-young victims. Barr has stated that the criminal investigation will proceed. “The victims deserve justice, and they will get it,” he said in a statement.

Currently, prosecutors in Manhattan are deliberating their options. “The obvious next step for criminal prosecutors is to bring civil asset forfeiture cases to recover any property that is connected to his crimes, whether it’s real estate or any vehicles used or any assets that were purchased,” stated Mathew Schwartz, an attorney who is representing multiple Epstein accusers.

Prosecutors can file forfeiture actions under the 2000 Trafficking Victims Protection Act. This Act was used by accusers in the sexual-abuse case against Harvey Weinstein. However, many questions remain about Epstein’s assets and victims, causing complications to the case. Only time will tell what remains of Epstein’s estate after other debts are paid. 

If you or someone you know is involved in a sexual abuse case, or if you’ve been accused of sexual abuse, you should hire a lawyer. Contact us today to take the first steps towards the best possible legal outcome for you.

13 8 19 Jeffrey Epstein Asset Forfeitures Wouldn’t Guarantee Payout for Accusers.pdf

UFC Fighter Desmond Green Arrested for DUI Manslaughter After Fatal Pembroke Pines Crash

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athlete-boxer-boxing-1575381-300x200Mixed Martial Arts (MMA) fighter Desmond Terrell Green of Pembroke Pines was arrested on June 26 for his alleged involvement in a DUI car crash that killed two women in 2018.

Green, 29, faces 20 charges, including DUI manslaughter for his role in the crash. Court records show that he was ordered held on $194,000 bond. It is unclear if he has acquired the services of an attorney.

According to the police report, Green, who competes for the Ultimate Fighting Championship (UFC), is accused of causing a car crash on the northbound lanes of I-75 in Pembroke Pines at around 6 a.m. on August 18, 2018.

Green was reportedly driving a 2011 Dodge Durango when he lost control of his vehicle and crashed into a tractor trailer. The impact caused a massive chain reaction collision that damaged five other other cars.

Emma Suarez Hernandez and Emelina Morfa, both of Miami, were killed in the crash. Hernandez, 76, and Morfa, 67, were both passengers in a Toyota Yaris, according to Florida Highway Patrol. The driver of the Toyota, identified as Mily Vita-Vega, 65, also of Miami and another passenger, Teresa Jaramillo, 58, were seriously injured and rushed to an area hospital.

Several other people were injured, including Luis Gonzalez, 24, who was driving a Volkswagen Jetta, and Armando Alvarez, 23, who was driving an Acura with one passenger.

Witnesses told investigators that Green was allegedly seen throwing something over the highway barrier wall. Police recovered a metal grinder that had traces of marijuana inside, according to the arrest report. Police also found a small bag containing white powder in Green’s damaged vehicle that tested positive for cocaine, the report indicates.

Officers who arrived at the scene reported that Green showed signs of impairment, including a strong odour of alcohol and slurred speech. A blood test that was taken hours after the incident has reportedly confirmed that there was drugs and alcohol in his system.

Records show that Green wasn’t wearing a seat belt at the time of the crash and he was driving on a second suspended license.

The UFC website lists Green as a fighter in the lightweight class. He has reportedly won 23 matches and lost eight. He has participated in three matches since the crash and won two of them.

DUIs are a serious problem in the U.S. According to the Centers for Disease Control (CDC), DUIs are responsible for 29 deaths every day. In 2016, drunk driving resulted in over 10,000 deaths, accounting for more than a quarter of all traffic-related fatalities in the U.S.

Florida has some of the toughest DUI laws in the country and police are required to enforce those laws with a zero tolerance standard, which is why it is important to hire a good attorney to represent you when you’re charged with a DUI.

Broward County DUI Attorney

If you have bee arrested for a DUI, then you should hire an attorney. Contact us to set up a free initial consultation and work with one of Broward County’s most experienced DUI attorneys.

Source: 6.27.19 MMA fighter Desmond Green arrested for manslaughter following deadly florida crash.pdf

Mexican Telenovela Star Pablo Lyle Accused of Punching, Killing 63-Year-Old Man in Miami, Florida

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aggressive-anger-angry-163431-300x200Mexican telenovela star Pablo Lyle is accused of punching and knocking out 63-year-old Juan Ricardo Hernandez in a Miami street on March 31.

Lyle was arrested on Monday morning by Miami police and charged with battery. He posted $5,000 bond Monday and was given permission to fly back to Mexico. Attorney information was not immediately available.

According to the arrest report, the incident occurred on the Dolphin Expressway. Lyle’s brother-in-law, who has not been identified, was reportedly driving Lyle to Miami International Airport with his family.

The brother-in-law mistakenly exited the Dolphin Expressway and entered the northbound lanes of NW 27th Avenue. He told investigators that he drove across the lanes of 27th Avenue in order to make a u-turn back to the Dolphin Expressway. He cut off Hernandez in the process.

The brother-in-law reportedly said he apologetically waved at Hernandez. The two men then stopped at the side of the road on NW 27th Avenue and 14th Street for reasons that are not clear. Hernandez purportedly got out of his vehicle and walked to the driver’s side window of the brother-in-law’s vehicle and started pounding on it with an open hand.

Lyle and his brother-in-law told investigators that they were both in fear for their family’s safety. The brother-in-law got out of the vehicle to tell Hernandez to stop. He reportedly noticed his vehicle rolling toward the intersection, so he ran back to the car to stop it.

The brother-in-law told investigators that he didn’t see Lyle punch Hernandez, but he did see him run back to the car. Lyle allegedly told him to “drive away.” The brother-in-law said he noticed Hernandez was unconscious on the street as he made a U-turn.

Hernandez suffered a brain injury and was “unresponsive” at the time when Lyle was arrested. He was taken to Jackson Memorial Hospital where he died Thursday after his family agreed to take him off life-support machines.

In the official arrest form, Lyle, who is one of the stars of “Mi Adorable Maldición,” claimed “he was in fear for the safety of his family. [Lyle] said that he exited the vehicle to confront the victim, to protect his family.”

But a video of the incident obtained by The Miami Herald purportedly contradicts that claim. It allegedly shows Lyle running toward Hernandez as he was walking back to his vehicle. Hernandez turned to face Lyle and raised his hands. Lyle then punched him in the head and Hernandez collapsed, unconscious.

After reading The Miami Herald report, Miami-Dade Circuit Judge Lisa Walsh said Friday that the circumstances of the case have changed because Hernandez has died. Enhanced charges will likely be filed against Lyle and his travel order will be rescinded. The Miami State Attorney’s Office said it will wait for an autopsy report before filing additional charges.

Florida Personal Injury Defense Attorney

If you are involved in a personal injury investigation, then you should hire a lawyer. Contact us to set up a free initial consultation and work with one of Florida’ s most experienced personal injury attorneys.

Source: Mexican telenovela star ran 9 steps to punch 63-year-old man, who later died, video shows

R&B Singer Marcus Ramone Cooper, aka Pleasure P, Arrested in Miami on DUI Charge

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adult-alcoholic-arms-174936-300x225R&B singer Marcus Ramone Cooper, aka Pleasure P, was arrested on December 28 for allegedly driving at a high rate of speed while under the influence of alcohol.

Cooper, 34, is charged with DUI, reckless driving, resisting arrest without violence, and driving with a suspended license. He was taken to Miami-Dade County Jail and was released some hours later. The press did not name an attorney for him.

According to the arrest report, the alleged incident occurred on MacArthur Causeway at around 3:45 a.m. An officer reportedly observed Cooper driving at speeds of up to 100 miles per hour in a 45-mph zone and nearly colliding into another car.

The officer eventually stopped Cooper and ordered him to exit his vehicle and enter his patrol car.

“Upon handcuffing the driver, he was identified as Marcus Ramone Cooper,” the report states. “Cooper stated that his name is Pleasure P from the music group Pretty Ricky.”

The officer alleges that Cooper “reeked” of alcohol and resisted attempts to be placed inside the officer’s patrol car. Cooper also reportedly refused to participate in a field sobriety exercise.

The officers who drove him to the police station reported that the odor of alcohol coming from Cooper was so strong, they had to lower the car windows. At the station, Cooper’s blood-alcohol level reportedly measured .17, which is more than twice the legal limit in the state of Florida.

After his release from jail, Cooper defended himself to his fans in an Instagram live video he posted on Friday night.

“Hey, listen. I’m all about safe driving, all that stuff,” he said. “Recklessly driving was I? Not at all, but people are gonna say what they want to say . . . the officer who pulled me over, he’s gonna say what he wants to say but that’s not the truth.”

Cooper was part of the cast of the VH-1 show “Love & Hip Hop Miami.” As a solo artist, he was nominated for a Grammy Award in the R&B category. He was also a member of Miami-based music group Pretty Ricky, who were gold and platinum selling recording artists.

Florida DUI Attorney

If you have been involved in a DUI car crash, then you should hire an attorney. Contact us to set up a free initial consultation and work with one of Florida’s most experienced DUI attorneys.

Source: 12.28.18 R&B singer nabbed for DUI, asked cops to call a Heat legend and his lawyer.pdf