Arnold & Smith, PLLC Attorney J. Bradley Smith, spoke to Fox Charlotte recently regarding a case of student loan fraud. Mr. Smith told the news channel that he overheard someone tell the judge about how he had obtained federal loans for school and then dropped out. He then used the money he received from the federal government for school to invest in a tee-shirt printing business. As the man was telling the judge about how he had committed federal student loan fraud, Mr. Smith could not believe how cavalier and nonchalant the man seemed about committing a federal crime. “This guy was proud of it, I mean, I am telling you, it was crazy,” says Smith.

J. Bradley Smith told Fox Charlotte about the increasing problem of student loan fraud. Several millions of dollars have been given to students for the purpose of funding their educations. Post #2 criminal image 5.10.12.jpgThese loans are backed by the federal government and all of the money must be paid back. Should student loan fraud continue to increase, Mr. Smith believes that the bust could be even bigger than the bust seen in the real estate bubble.

The young man at the Mecklenburg County District Court who openly admitted to committing student loan fraud was once a student at Central Piedmont Community College. CPCC officials said that there is not much that they can do when it comes to policing federal student loans. The loans are an agreement between the federal government and the student. The school is only a beneficiary of the agreement, not a party to it and therefore the onus of enforcing the agreement lies with the federal government.

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Police in Charlotte arrested four people as they were trying to force their way into Bank of America’s annual shareholder’s meeting. Police were working to contain a crowd that had gathered outside of the meeting in the street. The arrests came as a result of the police using a newly passed city ordinance to declare the shareholder’s meeting an “extraordinary event” which allows the police to subject protests to more stringent regulations.

The new ordinance is found in Sections 15-310 through 15-313 of the municipal code. It gives the city manager the authority to declare an event an “extraordinary event” and also allows the city manger to prescribe the location and the time period for the event. bank of america building.jpgAn “extraordinary event” is defined in the code as “a large-scale special event of national or international significance and/or an event expected to attract a significant number of people to a certain portion of the city.”

Section 15-313 sets out what kind of conduct is unlawful during the extraordinary event. It is unclear from the WBMF report what prompted the police to arrest the four individuals. The code section makes it unlawful to carry certain items, such as backpacks, posters, markers, and other items. There was no indication that any of those items were found on the arrestees. Charlotte-Mecklenburg Police Department Major Jeff Estes told reporters that the four were arrested for crossing a police line, a misdemeanor in North Carolina.

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According to recent report, a Charlotte woman is facing significant criminal charges after a bizarre kidnapping attempt. On Tuesday, May 1, 2012, officers from the Charlotte-Mecklenburg Police Department responded to a call at Beacon Ridge Apartments.

A man on the scene told police officers that his wife and two daughters had been kidnapped. Post #2 criminal image 5.3.12.jpgAfter an investigation into the incident, the police determined that a women at the scene, Andrea Endara-Paredes, was the mastermind behind the kidnapping attempt.

Police believe that Endara-Paredes befriended the victim, a 22-year-old with two children. She was trying to help the victim find a job. It was also during this time that Endara-Paredes was making people believe that she was pregnant. She had set up her house as if a baby was coming, even though she was not pregnant.

On Tuesday night, Endara-Paredes attempted to complete her master plan of obtaining a baby. She assaulted the woman that she had been helping and pretending to befriend. She attacked the unsuspecting woman with a tire iron and sprayed her in the face with pepper spray. She then pulled a knife on the woman and demanded that she and her children go with her. Eventually, Endara-Paredes released the woman and her four-year-old daughter, but kept the woman’s one-month-old little girl.

Captain Rod Golding indicated that Endara-Paredes promised the victim that she would take her back home only if she promised not to tell her husband what happened and if she promised to tell her husband that two black men kidnapped the baby.

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The Charlotte Mecklenburg Police Department’s Violent Criminal Apprehension Team has been extremely successful, according to a recent report by WCNC news. It has not only increased the number of violent criminals being arrested, but it has also been timely when putting the cuffs on the criminals. The success of the team has landed several of Charlotte’s most violent criminals behind bars.

The team is headed up by Sergeant Steve Winterhalter. It is his job to take down those criminals that the city considers to be the most dangerous. Since the unit was formed six years ago, the team has made 2,000 arrests, which is a huge accomplishment for this team. Their 2,000th capture was a fugitive from New York who was hiding in the Charlotte area. He was arrested last week along with 20 others who were on the team’s list of bad guys. Those 21 captures set a record for the number of captures made by the team in one week.

Not only are they thorough, but they also manage to be efficient. Post #1 criminal image 5.1.12.jpgOn average, it takes the team about 19 hours from the beginning of the team’s investigation to make an arrest. Their speed prevents the alleged criminals from fleeing the jurisdiction. Winterhalter believes that some of their success is attributable to the police department being more efficient at identifying suspects. He said, “The department is responding to the incident a little bit differently. There’s increased number of resources put into the initial investigation, different bodies from within organization are helping.”

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As a follow-up to one of our recent posts, on Wednesday, April 25, 2012, Aide to former Senator John Edwards, Andrew Young, testified at Edwards’ campaign finance violation trial. The prosecution called Young to testify about his role in hiding Rielle Hunter, Edwards’ pregnant mistress, while he was running for President of the United States. Young took the stand on Monday, April 23, 2012, and began to tell the jury about Edwards’ relationship with Rielle and about how his relationship with Edwards began to change during the presidential campaign.

Young testified that as Edwards was beginning to put an end to his campaign, he stopped communicating with Young. Post #2 criminal image 4.26.12.jpgIn December 2007, Edwards, along with Young, issued a statement to the press in which Edwards denied that he was the father of Rielle Hunter’s unborn child, saying that it was Young who was father. According to Young, Edwards was to tell the press the real story once the baby was born. Young testified that he and his wife were no longer happy about letting Hunter live with them in an attempt to keep the press away from her.

Edwards is accused of misappropriating campaign funds to hide Hunter and keep her pregnancy and subsequent child a secret. He has pleaded not guilty to six counts of campaign finance violations. If he is found guilty, Edwards could face up to 30 years in prison and $1.5 million in fines. Edwards denies knowing what the money was being used for, especially given that much of the money was put into accounts that were controlled by Young and his wife.

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The nation is again discussing whether some educators are too quick to call in the police when a student gets a little unruly in the classroom. Every educator and parent around the country, including those in North Carolina, should be paying attention to the recent case where children are being handcuffed and charged with serious criminal offenses for acting out in class.

A 6-year-old Georgia girl sparked the national debate. Post #1 criminal image 4.24.pngEarlier this month, the 6-year-old received media attention when it was reported that after she had a temper tantrum at school, the police were called and she was handcuffed. According to reports, the girl refused to comply with her teacher’s rules and began throwing things off of the teacher’s desk. She sent the student to the principal’s office where she continued her tantrum. The student threw things off of the principal’s desk and turned over a small shelf that fell on the principal’s leg. The principal tried to calm her down, but she resisted. At that point, it was decided that the police should be called. The Milledgeville Police Department responded and placed the 6-year-old in the back of a police car and transported her to the police station. Police procedure required that anyone placed in the back of the patrol car be handcuffed.

A similar incident happened in New Mexico. A 13-year-old girl’s teacher called the police after she refused to stop talking to her friend and move to another desk. This incident prompted a civil rights attorney to file a class action suit in New Mexico on behalf of several hundred public school children arrested for petty offenses, such as cell phone use and defacing a history book. While a police presence in the school is sometimes necessary, many believe that overwhelmed teachers are beginning to use them as first responders instead of as a last resort.

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WFMY News recently reported that a Charlotte man pleaded guilty to a handful of charges involving a string of rapes and robberies in the area. On Friday, April 13, 2012, Jaunton Carter pleaded guilty to First Degree Rape, First Degree Kidnapping, Sexual Battery, and Robbery. The judge sentenced Carter to serve 28-34 years in prison.

Carter has an unusual technique as he tricked women into thinking that they had been involved in car accidents. Post #2 criminal image 4.19.12.jpgHe used this ruse to lure them out of their cars where he would rob and then rape them. These occurred in February 2010 in the high-end residential neighborhoods of Dilworth and Myers Park in Charlotte. According to officials at CMPD, Carter ambushed a woman as she was getting out of her car on Spanish Moss Lane. It was 1:30 AM and he clasped his hands over her mouth and demanded her pocketbook. He searched through her purse for money and when he did not find any he took her cigarettes instead.

Less than 24 hours after the first robbery, Cater rear-ended another car at the intersection of Colony Road and Runnymede Lane. Two women exited the vehicle to see how much damage had been done to the vehicle. That is when Carter approached them with what they thought was a gun. He pointed it at them and demanded that they get back into the car. He got into the car with them, forcibly demanded money, and made them drive to a nearby ATM. He was apparently unable to get any money out of the ATM. Carte then made the women drive to Ferncliff Road where he made one of the women exit the car.

He raped the woman he made get out of the car while he forced the other woman to watch in horror. Carter managed to hold a gun on both of the women while he was raping one woman. He took the money that they had on them, which amounted to $6.00 and then he left the scene. Thirty minutes after robbing and raping these two women, Carter rear-ended another woman and stole her purse.

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A recent report in the Charlotte Observer indicates that former United States Senator John Edwards is facing serious criminal charges. He has evidently elected to take the case to trial and jury selection is set to begin any day now. Edwards is facing significant criminal charges that could land him in prison for up to 30 years and that could force him to pay $1.5 million in fines.

Last year, the federal government indicted Edwards on campaign finance violations. The government alleged that the then Senator used money that was donated to his presidential campaign to keep his mistress, Rielle Hunter, hidden from the public so as not to damage his chances of winning the election. Post #1 criminal image 4.17.12.pngAn individual close to the investigation and the case told the Charlotte Observer that Edwards was offered a plea deal where he would only serve 6 months in jail and still be able to practice law, but Edwards rejected that offer. He said that he would take his chances with a jury. In a press conference, Edwards said, “After all these years, I finally get my day in court and people get to hear my side of this, and what actually happened . . . And what I know with complete and absolute certainty is I didn’t violate campaign laws and I never for a second believed I was violating campaign laws.”

The trial is one that all will be sure to watch, not only because of the celebrity of the defendant, but because the case is poised to be legally significant. At the center of the case is the question of what constitutes a campaign donation. The legal debate surrounds Edwards’ knowledge of payments made by his campaign finance chairman, Fred Baron, and another donor, Rachel “Bunny” Mellon whose funds paid for Rielle Hunter’s medical care while she was pregnant with Edwards’ child, as well as hotels and private jets. Edwards denies any knowledge of those funds, but his attorneys believe that even if he did have knowledge of the money that knowledge would not be a violation of federal law. This is because Edwards’ motive for using the money was to keep his dying wife, Elizabeth, from finding out about the affair between him and Hunter, and not to influence the outcome of the presidential election.

In addition to the legal arguments, Edwards’ attorneys are also claiming that the prosecution has political motives. In several pre-trial hearings, lead attorney Abbe Lowell, claimed that the government’s reasoning was flawed and that the grand jury was tainted “and that the Republican federal prosecutor who led the investigation, now-congressional candidate George Holding, was motivated by partisanship.” Even the Federal Election Commission has declined to proceed against Edwards after reviewing his case. The Center for Responsibility and Ethics in Washington (CREW) filed a brief in support of Edwards’ legal position, saying “In the United States, we don’t prosecute people for being loathsome, we prosecute them for violating the law… The real reason for these payments is obvious: To prevent Mr. Edwards’ cancer-stricken wife from finding out about the affair. This makes him despicable, but not a criminal.”

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WBTV recently reported that a 7-year-old girl was nearly abducted. On Saturday, March 31, 2012, the police responded to an emergency on Long Creek Drive. Some reported that a little girl was snatched by a man while she was playing. Witnesses told the investigators that a man picked up the small girl and ran behind the apartment building. Fortunately, the girl knew enough to scream for help and the man put her down and fled the scene.

Police now have a description of the suspect. Post #2 criminal image 4.9.12.jpgHe is described as a Hispanic male, between the ages of 25 and 30, with dark spikey hair. Since the incident has happened, investigators are taking it seriously and are vigorously investigating the case, but they have yet to arrest anyone for the attempted abduction.

Nearly two months ago, the WFMY News in Greensboro, North Carolina reported an attempted abduction of another small girl in Georgia that had parents on high alert. The report emphasized that parents should be diligent about teaching their children how to avoid being abducted. Since the recent attempted abduction of the 7-year-old on Long Creek Drive, Charlotte parents could benefit from teaching their kids about how to detect danger and how to avoid it.

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According to a recent report by the Charlotte Observer, some in North Carolina are concerned about how the police are gathering and using cell phone data. Because of the ease with which law enforcement officials can obtain cell phone information, those concerned about the protection of civil liberties believe that police should be more diligent about obtaining warrants for that information.

Cell phone data has proven useful to law enforcement. Post #1 criminal image 4.9.12.jpgThe technology allows police to track not only the calls made by a cell phone user, but also the phone’s location, and by implication, the location of the cell phone’s user. The problem is that the police can obtain that information from the cell phone service provider without the knowledge or consent of the cell phone user. This lack of knowledge or consent prompted the ACLU to conduct a study of the process and procedures that law enforcement officials use to obtain cell phone records. The study revealed a disturbing trend.

The Charlotte-Mecklenburg Police Department told the ACLU that its policies require producing a search warrant issued by a judge prior to obtaining cell phone records. Before the judge will issue a search warrant, the officer applying for the warrant has to show probable cause.

Other police departments do not require its officers to obtain a search warrant prior to receiving cell phone records, giving some Charlotte criminal defense attorneys cause for concern. One attorney said, “The states and the federal government haven’t set up laws about what is still private and what is protected activity. The government hasn’t kept up with the technological advances. The police are getting to know all kinds of information that should be private.”

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