W.F. "Casey" Ebsary, Jr.

Law Office of W.F. ''Casey'' Ebsary, Jr.

Attorney Lawyer
Casey is a Criminal lawyer and DUI attorney at the Law Office of W.F. "Casey" Ebsary, Jr. in Tampa, Hillsborough County, FL. . Casey and his team can help you, a friend, or a loved one with misdemeanor, felony, and drunk driving cases throughout Tampa Bay.
1101 Channelside Drive
Tampa, FL
33602
US
centrallaw@gmail.com
813-222-2220


Casey is a Criminal lawyer and DUI attorney at the Law Office of W.F. "Casey" Ebsary, Jr. in Tampa, Hillsborough County, FL. . Casey and his team can help you, a friend, or a loved one with misdemeanor, felony, and drunk driving cases throughout Tampa Bay.
1101 Channelside Drive
Tampa
33602
US


Criminal Defense Attorney reviews.
"Casey's strong arguments during the hearing made all the difference ..."
W.F. ''Casey'' Ebsary, Jr.
4.9 / 5 stars

How to Forfeit Most of your Assets in Federal Court in 10 Easy Steps?

Many forfeitures of assets to the Federal Government are conditions included in standard plea agreements to criminal charges in the Middle District of Florida Tampa Division. So some have asked: How can someone Forfeit Most of their Assets in Federal Court? Let me walk you though an actual case we reviewed in Tampa. I did not represent this now broke person who now lives in a Federal Prison.

Ironically, after agreeing to give up everything he owned, the defendant filed a claim in Federal Court trying to retrieve his money, other assets and a rather nice Bentley automobile. Good luck with that claim. Here is how to lose all of your stuff through an agreement with the Federal Government.

How to lose everything in a Federal Forfeiture Case in 10 Easy Steps?

  1. Commit and plead to a federal indictment that includes forfeiture provisions that usually read like this: The defendant agrees to forfeit to the United States immediately and voluntarily any and all assets and property, or portions thereof, subject to forfeiture, pursuant to Title 18, United States Code, Sections 981(a)(l)(C) and Title 28, United States Code, Section 2461(c), whether in the possession or control of the United States or in the possession or control of the defendant or defendant's nominees. The assets to be forfeited specifically include, but are not limited to, the following: a forfeiture money judgment of at least $1,176,787.00. representing the total amount.
  2. Have a list like this one included in your plea agreement: "Items Seized from the Defendant Approximately $118,275.00 stored on 143 Green Dot and Wal-Mart Money cards; 2005 Bentley GT, Baranato Green, VIN SCBCR63W25C026307; 18 Karat Gold Rolex Oyster Perpetual Day Date Watch with a Diamond Dial; 14 Karat Gold Necklace with "RS'Pendant with 703 Diamonds; 14 Karat Gold Double Cuban Link Chrome Chain; 14 Karat Gold Men's Ring with 1 10 Diamonds; 14 Karat Gold and Diamond Men's Bracelet with 2,420 Round Diamonds; 14 Karat Gold Men's Square Ring with 54 Round Diamonds; KC Stainless Steel Men's Watch with 57 Diamonds; KC Stainless Steel Men's Watch with 33 Diamonds; and approximately $25,000.00 in U.S. Currency; approximately $22,580 in U.S. Currency.
  3. Agree and Consent to the following: defendant "agrees and consents to the forfeiture of these assets pursuant to any federal criminal, civil, andfor administrative forfeiture action. The defendant also hereby agrees that the forfeiture described herein is not excessive and, in any event, the defendant waives any constitutional claims that the defendant may have that the forfeiture constitutes an excessive fine.
  4. Agree that the property is related to the offense charged: "The defendant admits and agrees that the conduct described in the Factual Basis below provides a sufficient factual and statutory basis for the forfeiture of the property sought by the government. Pursuant to the provisions of Rule 32.2(b)(l), the United States and the defendant request that at the time of accepting this ptea agreement, the court make a determination that the government has established the requisite nexus between the property subject to forfeiture and the offense(s) to which defendant is pleading guilty and enter a preliminary order of forfeiture. Pursuant to Rule 32.2(b)(4), the defendant agrees that the preliminary order of forfeiture shall be final as to the defendant at the time it is entered, notwithstanding the requirement that it be made a part of the sentence and be included in the judgment.
  5. Agree to help the feds find all of your stuff: "Defendant further agrees to take all steps necessary to locate property and to pass title to the United States before the defendant's sentencing. To that end, defendant agrees to fully assist the government in the recovery and return to the United States of any assets, or portions thereof, as described above wherever located. The defendant agrees to make a full and complete disclosure of all assets over which defendant exercises control and those which are held or controlled by a nominee. The defendant further agrees to be polygraphed on the issue of assets, if it is deemed necessary...."
  6. Agree that the feds can go after other stuff too: " The defendant agrees that the United States is not limited to forfeiture of the property described above. If the United States determines that property of the defendant identified for forfeiture cannot be located upon the exercise of due diligence; has been transferred or sold to, or deposited with, a third party; has been placed beyond the jurisdiction of the Court; has been substantially diminished in value; or has been commingled with other property which cannot be divided without difficulty; then the United States shall, at its option, be entitled to forfeiture of any other property (substitute assets) of the defendant.
  7. Agree to the Facts of the case like this: "Defendant is pleading guilty because defendant is in fact guilty. The defendant certifies that defendant does hereby admit that the facts set forth below are true, and were this case to go to trial, the United States would be able to prove those specific facts and others beyond a reasonable doubt: . . . From at least in or about March 201 1, through the present, [The Defendant who was Indicted], in part through his car dealership known as "[Name of your Business here]," engaged in a scheme and artifice to defraud the U.S. Treasury Department, commonly known as "Turbo Tax Fraud," by filing fraudulent income tax returns and negotiating fraudulent federal income tax refunds. During the summer of 2011, law enforcement received multiple tips that [Defendant who was charged with a federal Crime] was engaging in tax fraud at his business, [Your Business Name Here]. The sources stated that [Soon to be Broke Defendant who agreed to all this] sold automobiles to buyers who paid him with United States Treasury checks obtained from the filing of fraudulent federal income tax returns. The sources advised that the fraudulently obtained Treasury checks [Name Deleted} received were for a much higher value than the sales price of the vehicles sold. Simmons then negotiated the checks and laundered the proceeds through his business accounts. Sources also stated that [defendant] filed fraudulent tax returns from his computer located at his business, . . .  and maintained a ledger that contained numerous personal identifiers associated with the filing of fraudulent tax returns such as names, dates of birth, and social security numbers of identity theft victims. The sources  further stated that Simmons would frequently possess multiple Treasury checks or prepaid debit cards in names other than his own and would place the proceeds from the negotiated checks and debit cards into his business account(s).
  8. Have your Buddy Cooperate with the Feds Like This: "On or about July 12,201 1, a cooperating defendant (CD) wearing a concealed digital audio recorder traveled to ...the Middle District of Florida, and met . . advised the CD to bring him . . . Green Dot cards and he would take care of the rest." 
  9. Get videotaped in your scheme; "Surveillance video captured . . .  using a pre-paid debit card [and  on another date] captured on video .  . . making an ATM withdrawal using the card [and then] was captured on video using a money machine at at 1208 East Brandon Blvd, Brandon, in the Middle District of Florida."
  10. Have Zero Chance of Getting Your Stuff Back Later.

Sources: 

Federal Court Documents



Resume of Tampa Criminal Defense Attorney | W.F. Casey Ebsary, Jr.


 
W.F. “Casey” Ebsary, Jr.
Board Certified Criminal Trial Lawyer
Post Office Box 1550
Tampa, Florida 33601
813-222-2220

813-225-0202 Facsimile

Education:
Stetson University College of Law Juris Doctor, cum laude Class Rank 17/117
University of Florida Bachelor Of Science in Business Administration, cum laude

Licensure, Certification, and Recognition:
Special Magistrate – Circuit Court
Past Chairman, Criminal Law Section, Hillsborough County Bar Association
Board Certified, Florida Bar Board of Legal Specialization and Education 1997
Martindale-Hubbell Peer Rated AV
Lawyers.com highest rating
Avvo.com highest rating
Super Lawyers multi-time recipient
Florida Trend Magazine Legal Elite
Past Member of the Media and Communications Law Committee of the Florida Bar
Past Member of the Student Education and Admissions to the Bar Committee of the Florida Bar
Editorial Board Member, Stetson Law Review, 1989
Admitted Florida Bar, 1990
Admitted United States District Court for the Middle District of Florida
Recipient of James Carlisle Rogers Award for best-written criticism of a decision of the United States Supreme Court
Teaching Fellowship Stetson University College of Law
Federal Aviation Administration, Private Pilot, 1976


Reported Decisions:
In Re: Amendments to Rules Regulating the Florida Bar, 762 So.2d 392 (Fla. 1999) (striking down Bar rule restricting the use of trade names)
Freeman v. State, 611 1260 (Fla. 2d DCA 1993) (attacking constitutionality of roadside driver’s  license suspensions).


Selected Publications on Web:

YouTube Channel:          http://www.youtube.com/user/centrallaw

Cybercrime Website:      http://www.centrallaw.net/

Facebook                      https://www.facebook.com/CentralLaw

Twitter                           @Centrallaw

Google+                         +Law Office of W.F. ''Casey'' Ebsary, Jr. 

Selected Professional Presentations:

Board Certification in Criminal Law Review, Florida Association of Criminal Defense Lawyers, 1998 to 2008.

Liability and Exposure from Use of Email and the Internet, Hillsborough Community College, 2002.

Legalities of Using and Maintaining Computerized Medical Records, 2003, Tampa, Florida.

The Practice: Everything Else You Need To Know About Criminal Defense; Palm’s and PC’s, 2002, Tampa, Florida; Florida Association of Criminal Defense Lawyers.

Internet Research in Florida, Tampa, Florida, 2001.

Selected Publications:

Ebsary, “Paper-less Office or Less-paper Office”, Lawyer, Mar. 2003.

Ebsary, “Secret Messages that are not Secret”, Lawyer, Dec. 2002.

Ebsary, “Securing a Cable Modem Against Computer Criminals”, Lawyer, Oct.  2002.

Note, Fourth Amendment Aerial Privacy; Expect the Unexpected, 19 STETSON L. REV. 273 (1989).

Recent Developments in Section 1983, 19 STETSON L. REV. 1065 (1990).

Selected Media Coverage:

Matias, K, “The Talk of the Web”, On Magazine, Dec. 2001 (coverage of defense of Internet libel claim).

Zones Hinder Free Speech Series: Editorials
St. Petersburg Times; St. Petersburg, Fla.; Nov 9, 2002

7 protesters arrested; ticketholders kept out
St. Petersburg Times; St. Petersburg, Fla.; Nov 3, 2002; Author: John Balz

3 protesters sue Tampa police
St. Petersburg Times; St. Petersburg, Fla.; Nov 2, 2002; Author: Graham Brink

Bush rally protesters plan to sue city, police
St. Petersburg Times; St. Petersburg, Fla.; Oct 20, 2002; Author: Graham Brink

The Week In Review Series: The Week In Review
St. Petersburg Times; St. Petersburg, Fla.; Aug 25, 2002

Some condo residents seek to phase out kids
St. Petersburg Times; St. Petersburg, Fla.; Aug 24, 2002; John Balz

Device deters repeat DUIs
St. Petersburg Times; St. Petersburg, Fla.; Apr 1, 2002; Christopher Goffard

Bush rally protesters plan to sue city, police
St. Petersburg Times; St. Petersburg, Fla.; Oct 20, 2001; Author: Graham Brink

St. Petersburg Times; St. Petersburg, Fla.; Aug 2, 2001; Editorial

Charges dropped against protesters
St. Petersburg Times; St. Petersburg, Fla.; Jul 28, 2001; Author: David Karp

Hearing for two activists delayed
St. Petersburg Times; St. Petersburg, Fla.; Jul 17, 2001; Author: David Karp

Counterdemonstrators' brave protest deserves protection
St. Petersburg Times; St. Petersburg, Fla.; Jun 17, 2001; Author: Robyn E. Blumner

2 GOP workers triggered arrests
St. Petersburg Times; St. Petersburg, Fla.; Jun 15, 2001; Author: Christopher Goffard

Dissent if you want, but don't do it here
St. Petersburg Times; St. Petersburg, Fla.; Jun 8, 2001; Author: Jan Glidewell

Foul call at Legends
St. Petersburg Times; St. Petersburg, Fla.; Jun 8, 2001; Editorial

Suppression of rights at Bush rally is wrong
St. Petersburg Times; St. Petersburg, Fla.; Jun 8, 2001; Letters to the Editor

Bush protesters say rights were muzzled
St. Petersburg Times; St. Petersburg, Fla.; Jun 6, 2001; Author: Christopher Goffard

Protests not seen or heard: How polite
St. Petersburg Times; St. Petersburg, Fla.; Jun 6, 2001; Author: Howard Troxler

Protesters kept at a distance; three arrested
St. Petersburg Times; St. Petersburg, Fla.; Jun 5, 2001; Authors: Kevin Graham;Angela Moore

Gun seller denies violating ordinance
Series: TIMES DIGEST St. Petersburg Times; St. Petersburg, Fla.; Apr 5, 2001

Father pleads guilty in daughter's DUI death
 St. Petersburg Times; St. Petersburg; Dec 5, 1995; Sue Carlton

Talk about your stunned silence; just the facts, ma'am and whatever happened to casing a joint?
Series: TAMPA UNCUFFED St. Petersburg Times; St. Petersburg; Jan 12, 1995; Bill Duryea & Sue Carlton

Ruling may be move to more privacy rights
St. Petersburg Times; St. Petersburg; Nov 24, 1989; Bruce Vielmetti

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Tampa Federal Criminal Defense Attorney 
813-222-2220

Foreign Corrupt Practices Act

Foreign Corrupt Practices Act (FCPA)
What is the Foreign Corrupt Practices Act? Indictment charging criminal violations of the FCPA.

For those of you unfamiliar with the Foreign Corrupt Practices Act (FCPA), if may be time to get acquainted.

The FCPA, found at Title 15 U.S. Code Section 78dd, prohibits “bribes” to any individual working in the executive, legislative, or judicial branch of a foreign government in order to obtain or retain business. For years, business was done in certain foreign countries under a “pay to play” scenario- someone needed to get paid in order to get the deal done. Most often, when these arrangements were detected, the Department of Justice imposed civil fines and penalties and permitted the American company and its employees to keep doing business. That trend seems to have ended.


The DOJ and FBI have recently ramped up criminal enforcement of this law. Entire FBI squads as well as teams of DOJ lawyers are now assigned, full time, to identifying criminal violations and prosecuting alleged violators, individuals and companies. In addition to our very recent case in DC, on May 10, 2011, the government obtained convictions of Lindsey Manufacturing and two of its executives on charges of Conspiracy to violate the FCPA, arising out of an scheme to bribe Mexicans officials. Another criminal FCPA trial against employees of a California company, alleging bribes to a Chinese officials, will begin soon in Los Angeles. Do not think that these cases are limited to Fortune 500 companies and their employees- my client owned a mid-sized police equipment supply company in St. Petersburg . I must admit that I did not realize the full scope of the government’s efforts in this area until becoming involved in this case.

What happened in my case? After 9 weeks of trial and 6 days of deliberations, a mistrial was declared when the jury was unable to reach a verdict. They were hung 9-2 with one undecided for acquittal on the conspiracy, but closer on the substantive counts. We had raised many defenses available under the FCPA, including lack of business nexus between the payment and the contract, and absence of mens rea - the statute requires the government to prove both willfulness and corrupt intent. We also attacked, successfully, I believe, the method and integrity of the FBI’s investigation.

The bottom line here is that all clients and companies doing business with foreign governments must be made aware of this law. Although “bribes” are illegal, there are permissible ways to compensate foreign agents and foreign officials under limited circumstances. It is important to recognize the difference. Look for a lot more of these cases in the future.

Special Thanks to Guest Author Todd Foster.

What is Entrapment?

What is Entrapment? 
Sometimes law enforcement behavior can be so despicable that their conduct and method of investigation leads only to entrapped citizens. This form of entrapment is rare but not unheard of. 

What is Entrapment?

Entrapment occurs when criminal conduct is a product of law enforcement officials. In other words, a police officer can’t lure an innocent person to commit a crime then arrest them for it. When cops cross this boundary the defense of entrapment is available.

Florida Laws on Entrapment

Florida recognizes two theories of defense based on entrapment: subjective and objective entrapment. See 777.201, Florida Statutes; Munoz v. State, 629 So. 2d 90, 99 (Fla. 1993). Subjective entrapment focuses on whether conduct by law enforcement induced, encouraged, or caused the defendant to commit a crime when he or she was not predisposed to do so. See § 777.201, Fla. Stat.; Jones v. State, 114 So. 3d 1123, 1126 (Fla. 1st DCA 2013).

Subjective Entrapment

The test to establish a subjective entrapment defense includes:

1. whether a government agent induced the defendant to commit the crime charged;

Inducement has been defined as “any government conduct creating a substantial risk that an otherwise law-abiding citizen would commit an offense, including persuasion, fraudulent representations, threats, coercive tactics, harassment, promises of reward, or pleas based on need, sympathy or friendship” Farley v. State, 848 So. 2d 393 (Fla. 4th DCA 2003).

2. whether the defendant was predisposed to commit the crime charged;

Predisposition asks whether the accused was awaiting any propitious opportunity or was ready and willing, without persuasion, to commit the offense. Munoz, 629 So. 2d at 99. Predisposition is not present when one has no prior criminal history related to the offense at issue. Nadeau v. State, 683 So. 2d 504, 506 (Fla. 4th DCA 1995).

(3) whether the entrapment defense should be evaluated by the jury.

Where the facts and the law establish entrapment there is no need for the jury to make any findings of fact. Where facts are contested though the issue of entrapment will be decided by a jury. 

Objective Entrapment

Objective entrapment occurs when egregious law enforcement conduct amounts to a violation of the defendant's right to due process under article I, section 9, of the Florida Constitution. See Munoz, 629 So. 2d at 99.

Simply put, law enforcement behavior can be so despicable that their conduct and method of investigation leads only to entrapped citizens. This form of entrapment is rare but not unheard of. 

Thanks to Guest Author Robson Powers of the Law Office of Michael P. Maddux, P.A.  



United States Attorneys' Manual - Fully Searchable

United States Attorneys' Manual
Fully Searchable
Here is an interesting read - a fully searchable copy of the United States Attorneys' Manual. The document is available and has been posted under a standing Freedom of Information Act request. Learn about how the Department of Justice prosecutes cases by reviewing the Prosecutor's Handbook, also known as The United States Attorneys' Manual. Here are the guidelines used for indicting and prosecuting cases in Federal Court - Criminal Division Manual .

This is the same manual that is used in the Middle District of Florida. Here are a few interesting provisions dealing with how the Feds take property from citizens using Asset Forfeiture . Here is the prosecutor's bible known as the United States Attorneys' Manual .