Posts Tagged ‘Lawyer’

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New Orleans man indicted on charge of threatening Barack Obama

January 17th, 2010 | Posted in Local Issues, National Issues by bloom | No Comments »

By Leslie Williams, The Times-Picayune
January 16, 2010, 12:25AM

A 47-year-old New Orleans resident has been charged by a federal grand jury with threatening to kill President Barack Obama.

A four-count indictment was issued Thursday in connection with a Dec. 30 incident involving John Turnpaugh and a New Orleans Police Department 911 operator, according to information from U.S. Attorney Jim Letten.

The 911 operator received a call from an anonymous person who said he was going to kill Obama and his wife, according to the indictment. He then hung up.

Other charges in the indictment allege Turnpaugh possessed marijuana on Dec. 31 with intent to distribute and he possessed several firearms “in furtherance of his drug trafficking activity.” If convicted of all charges, the maximum sentence could be life imprisonment as well as $1 million in fines, according to the U.S. attorney’s office.

The Turnpaugh case was investigated by agents from the Secret Service; the Bureau of Alcohol, Tobacco, Firearms and Explosives and the NOPD.

Assistant U.S. Attorneys Salvadore Perricone and Maurice E. Landrieu are prosecuting the defendant.

Metairie title agent imprisoned for $777,000 wire fraud

January 17th, 2010 | Posted in Local Issues by bloom | No Comments »

By The Times-Picayune
January 14, 2010, 6:40PM

Hubert Ellzey Jr. secretly bilked clients out of $777,000 before Hurricane Katrina put an end to his scheme.

When the storm hit Aug. 29, 2005, all real estate closings in the New Orleans area halted for a time, upsetting the Metairie title agent’s practice of converting clients’ mortgage money to his personal use then covering the misappropriation with money from future mortgage payments.

As a result, he pleaded guilty Sept. 23 to wire fraud, and U.S. District Judge Eldon Fallon sentenced him Thursday to almost three years in prison.

Ellzey, 68, worked nine years as an independent agent for Commonwealth Land Title Insurance Co. His job called for using his escrow account and wire transfers to move money among financial institutions as they granted and paid off loans.

But sometime before June 2005, he started diverting money into his own accounts then covering his tracks with money from later mortgage payments, according to court records. That happened on six real estate closings in Avondale, Gretna, New Orleans and Metairie, involving lenders in Georgia, Illinois, New York and Texas.

“The scheme was discovered when, after Hurricane Katrina hit New Orleans … all closings came to a halt and Ellzey was unable to cover some of the funds converted to his own use and to close the pending mortgages,” said a statement from the U.S. attorney’s office.

The case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Juan Masini.

Fallon, whom President Clinton nominated for the judgeship, sentenced Ellzey to 35 months in prison, followed by three years’ probation. He also ordered restitution to Commonwealth.

Man shot to death, NOPD says

January 17th, 2010 | Posted in Local Issues, NOPD by bloom | No Comments »


By The Times-Picayune
January 17, 2010, 9:21AM

The New Orleans Police Department is investigating the apparent shooting death of an unidentified man Saturday night. The offense occurred around 11:45 p.m. in the 7800 block of Means Avenue in eastern New Orleans.
According to investigators, Seventh District officers responding to a call of a man shot found the victim inside of a vehicle with a gunshot wound to the body. Paramedics pronounced him dead on the scene.
Investigators are trying to identify a supsect or suspects, as as a motive. Homicide Detective Christopher Harris is in charge of the investigation.
Citizens with information that can help solve this crime are asked to call CRIMESTOPPERS at 822-1111, toll-free 1-877-903-STOP (7867). A cash reward of up to $2,500 is available for information leading to an indictment. Callers do not have to give their names or testify to receive the reward.

JPSO makes arrests at Metairie alleged motels of ill repute

January 15th, 2010 | Posted in Local Issues by bloom | No Comments »

By Michelle Hunter, The Times-Picayune
January 15, 2010, 3:19PM

Jefferson Parish authorities arrested a two men and a woman for allegedly running a pair of Metairie motels as “houses of ill repute.”

Manhesh Mistry.jpgJPSOManhesh MistryManhesh Mistry, 41; Bharat Parikh, 57; and Zandra Davis, 31; all of Metairie, were arrested Monday by detectives with the Jefferson Parish Sheriff’s Office Vice Squad after an investigation that began in August, according to arrest and incident reports.

Mistry, owner of the Travel Inn Plaza, 5733 Airline Drive, and Parikh, a clerk at the motel, are accused of renting rooms to undercover detectives who posed as a pimp and a prostitute, the reports said. On at least three occasions, they allegedly rented the “pimp” a room at a rate of $45 for two hours for the pimp’s “girl” who would be working out of the parking lot, according to the reports.

Bharatkumar Parikh.jpgJPSOBharatkumar ParikhThe investigators even staged a fake solicitation in full view of the front office using other detectives.

Davis is accused of doing the same in her capacity as a clerk at La Village Motel, 100 Manson Ave., incident report said. Detectives used the same ruse at the business on at least two occasions.

Mistry and Parikh, both of 5733 Airline Drive, Metairie, were booked with three counts of letting premises for prostitution, three counts of running a house of ill repute and renting a motel room for an hourly rate.

Zandra[1].Davis.jpgJPSOZandra DavisDavis, of 100 Manson Ave., Metairie, was booked with two counts of letting premises for prostitution, three counts of running a house of ill repute and renting a motel room for an hourly rate.

South Dakota woman prosecutors claim had record BAC of .709 pleads not guilty to DWI charge Sturgis, SD

January 13th, 2010 | Posted in DUI/DWI, National Issues, Traffic by bloom | No Comments »

Wednesday, January 6, 2010

The Sturgis woman who prosecutors say was arrested with a blood-alcohol level almost nine times the legal driving limit, has pleaded not guilty in Sturgis to driving under the influence.

Marguerite Engle, 45, entered the plea Tuesday in Meade County Magistrate Court in Sturgis. Engle was arrested Dec. 1 when she was found passed out behind the wheel of a stolen delivery van along Interstate 90.

Meade County State’s Attorney Jesse Sondreal said Wednesday that other charges against Engle will be presented to a grand jury on Thursday, Jan. 14. Those include driving under the influence, misdemeanor marijuana possession, possession of drug paraphernalia and not having a valid driver’s license.

Sondreal earlier said Engle had a blood-alcohol level of .708 percent, possibly a state record, when she was found behind the wheel of the vehicle parked on I-90.

A South Dakota Highway Patrol trooper discovered Engle passed out behind the wheel of a delivery truck reported stolen from Rapid City.

Her blood-alcohol level was almost nine times South Dakota’s legal limit of .08 percent.

Engle’s reading may be the highest ever recorded in South Dakota, Sondreal said.

Sondreal said a state chemist recalled a sample that tested .53, but nothing higher, in his more than 30 years on the job.

Dr. Robert Looyenga, who recently retired from the Rapid City Police Department’s forensic laboratory, told Sondreal that the highest blood-alcohol sample he tested measured .56 percent.

Sondreal’s research indicates that a blood-alcohol level of .40 is considered a lethal dose for about 50 percent of the population.

“Engle’s was almost double that,” Sondreal said.

After she was found, Engle was hospitalized and freed on bond.

She failed to appear in court on Dec. 15, but Sturgis police located her Jan. 4 in another stolen car sitting in a ditch along S.D. Highway 34 near Fort Meade.

Engle was arrested for second offense driving under the influence and taken to jail. She is being held without bond.

Sondreal said Engle has been living in a hotel after recently moving here from Minnesota.

Engle is most likely facing charges in Pennington County since both vehicles were stolen in Rapid City, Sondreal said.

Big News! On September 1, a big change in the Louisiana DWI law went into effect. From the Times-Pic:

September 8th, 2009 | Posted in DUI/DWI, Legislation, Local Issues, Traffic by bloom | No Comments »

House Bill 445 by Rep. Damon Baldone, D-Houma, went into effect at midnight, doubling from six months to a year the length of time drivers can lose their license for refusing a first-time test. Subsequent refusals within five years of the first could mean a two-year suspension, up from the 18 months the old law provided.
This is an important change to the law. If you are pulled over for suspicion of drunk driving, you have the right to refuse a breathalyzer test. To refuse this test is not a crime. However, before this law went into effect, you would only receive a six-month penalty for refusing the test. Now, that penalty goes up to a year. Note that you still have the right to refuse the breathalyzer, and that refusing the test gives you more leverage against prosecutors as you and your attorney negotiate your case. If you take a breathalyzer test when you’re pulled over, prosecutors have that solid piece of evidence to use to convict you of DWI. If they don’t have any results from a breathalyzer test, you have more leverage to negotiate for a lesser charge. But since this new law has gone into effect, the immediate penalties for refusing a breathalyzer test in Louisiana have become more severe. While refusing the test gives you a better chance to avoid that Louisiana felony DWI conviction, it will also mean that you will have to go for a full year without your driver’s license, so you have to weigh the pros and cons of each option. It’s important to note that if you choose to refuse the breathalyzer test, losing your license, you may be able to apply for a “hardship license” that will allow you to drive to certain places, like work or religious services. You will only get the hardship license, however, if you install an ignition interlock device that you have to blow into to confirm that your BAC is 0%. Whether you refused to take the breathalyzer test or agreed to blow, if you have been arrested for DWI in Louisiana it’s crucial that you retain a DWI lawyer as soon as possible. At Bloom Legal, we have one of New Orleans’ top certified DWI lawyers here to help you. As always, if you need a talented, committed DWI Louisiana lawyer, call us today at 504.599.9997.

Arrested in New Orleans:Holiday Trouble.

January 4th, 2009 | Posted in Local Issues, NOPD by bloom | No Comments »

Arrested or given a citation in New Orleans over the holidays? During the New Year’s and Sugar Bowl seasons many partiers found themselves in Orleans Parish Prison with court dates in Orleans Parish Municipal or Orleans Parish Traffic Court. More serious felony and drug crimes are handled at Orleans Parish Criminal District Court. If you have a court date or need legal assistance then get a lawyer or attorney that can help. If you were arrested or mistreated by the New Orleans Police Department then get a lawyer today. Bloom Legal deals with all the typical arrests like public drunkenness, disturbing the peace, drug crimes and DWI. Bloom Legal LLC is a full service law firm that can help with holiday legal problems. Many Sugar Bowl and New Years partiers were arrested on Bourbon Street in downtown New Orleans. Let Bloom Legal take the worry out of your legal issue. Bloom Legal can assist you in getting your life back on track and in some cases can handle your court dates without you having to return to New Orleans. Don’t let an arrest or legal issue ruin your 2009. Call Bloom Legal today!!! Arrested or given a citation in New Orleans over the holidays? During the New Year’s and Sugar Bowl seasons many partiers found themselves in Orleans Parish Prison with court dates in Orleans Parish Municipal or Orleans Parish Traffic Court. More serious felony and drug crimes are handled at Orleans Parish Criminal District Court. If you have a court date or need legal assistance then get a lawyer or attorney that can help. If you were arrested or mistreated by the New Orleans Police Department then get a lawyer today. Bloom Legal deals with all the typical arrests like public drunkenness, disturbing the peace, drug crimes and DWI. Bloom Legal LLC is a full service law firm that can help with holiday legal problems. Many Sugar Bowl and New Years partiers were arrested on Bourbon Street in downtown New Orleans. Let Bloom Legal take the worry out of your legal issue. Bloom Legal can assist you in getting your life back on track and in some cases can handle your court dates without you having to return to New Orleans. Don’t let an arrest or legal issue ruin your 2009. Call Bloom Legal today!!!

Gustav and Ike Hurricane Claims

November 14th, 2008 | Posted in Local Issues by bloom | No Comments »

Once again Louisiana, Texas and the Gulf south have experienced another rough Hurricane season. At this time many commercial property owners as well as personal home owners are beginning to have trouble with their insurance companies and hurricane claims. Do not let this happen to you! If your insurance company is failing to timely adjust your damage property then contact an attorney or Bloom Legal to help you resolve these issues. In many cases your insurance company may be exposed to both bad faith claims against them and or attorney fees. Insurance companies profit by denying your claims. If you are the victim of claim denial then call Bloom Legal today.
In many situations people are being denied claims for wind damage, personal property, loss of use and many other elements of their insurance policy that they do not know they are enitiled to. Bloom Legal gives free consultations to anyone that feels their insurance company has not been treating them fairly. Several parishes in Louisiana have been victims of this systematic hurricane claim denial like Lafourche Parish, Terrebone Parish, East Baton Rouge Parish, St. John the Baptist Parish, St. Charles Parish and Ascension Parish. Call Bloom Legal today and see if you have a good claim against your insurance company. We have experience attorneys that have handled hundreds of Katrina and Rita claims since 2005.
If your business was shut down during Hurricane Ike or Gustav then you are entitled to recover your portion of business interruption insurance in your policy. Bloom Legal offers free consultations handling business interruption for both large corporations as well as small business owners. Do not be victimized twice get a hurricane lawyer that can help you get the money that you deserve. Bloom Legal is located in downtown New Orleans but can travel around the state of Louisiana to help!! Call now. 504-599-9997

“Home Improvement’s” “Brad”…”Don’t Tase me Bro!”

July 9th, 2008 | Posted in Celebrity Justice, National Issues, Personal Injury by bloom | No Comments »

TMZ reports that former child star Zachary Ty Bryan, who played Brad Taylor on “Home Improvement” is filing suit against Choice Hotels over an incident where Bryan was tased by hotel security in April. Zachary claims he was staying at a hotel in San Diego when he and a few friends went across the street to grab a Gatorade. When he came back just after midnight, Bryan’s attorney claims “the hotel wouldn’t let him upstairs, since the room wasn’t in his name.” 

Bryan’s attorney claims Zachary tried explaining his wife was in the room, but the hotel refused to call her. He claims an off-duty manager, who was not involved in the initial argument, came out of nowhere and tasered Zachary in the neck. Police would later arrive, however, no charges were filed. 

A hotel employee tells TMZ that “Zachary went nuts on the staff, a lot of alcohol was involved, and tasering the dude was the only safe bet”, Zachary is suing for damages in excess of $25,000.

What if you’ve been injured in a similar incident? Battery is a general intent offense. This means that the actor need not intend the specific harm that will result from the unwanted contact, but only to commit an act of unwanted contact. This also means that gross negligence or even recklessness may provide the required intent or (in criminal matters) “mens rea” to find a battery. A plaintiff or complainant in a case for battery does not have to prove an actual physical injury. Rather, the plaintiff must prove an unlawful and unpermitted contact with his or her person or property in a harmful or offensive manner. This, in and of itself, is deemed injurious. Conversely, the victim of a battery may file a civil lawsuit stemming from the same incident, in which the defendant is charged with the tort of battery. In such a case, damages are typically compensatory (a monetary award), along with special relief such as injunctive or punitive. Substantial harm is not required, but nonetheless, there must be palpable harm. Compensatory damages may be for either/both economic and non-economic (emotional) harm.

Did Mayor of Mandeville Get Special Treatment on DUI?

May 7th, 2008 | Posted in DUI/DWI, Local Issues, NOPD by bloom | No Comments »

Today’s Times-Picayune has a nice, big story about Mandeville Mayor Eddie Price driving his SUV (a Ford Expedition owned by the city, by the way) into a toll booth barrier a little before midnight on April 22nd — Price then drove about three more miles down the Lake Pontchartrain Causeway before the police pulled him over.  One more thing: he was driving with his headlights off. 

And, according to the newspaper account, what happened then? 

No citation, no field sobriety test, no checking the inside of the vehicle.  Price apparently told the two officers that he’d just had a “couple of drinks,” they didn’t see him weaving around or slurring his words, so they let him go  – although they wouldn’t let him drive, they made him call a relative to come and get him. 

By now, the s*%^ has hit the fan — there’s an internal investigation at the department, Price has been ticketed (for careless operation of a motor vehicle) and the Times-Picaynue is all over this story like a duck on a junebug.   

This story should sounds like something worth watching … and an interesting comparison to make for those not in the public eye, pulled over along that same stretch of road – if they say they’ve only had a couple of drinks, and they don’t obviously weave or slur their words, should they get to call home for a driver without any field sobriety testing, too?  Sure sounds like an argument to be made ….

For more information:

BloomLegal Talks About Field Sobriety Tests

BloomLegal Talks About Terry Stops – When Cops Can Search Your Car

BloomLegal Talks About DUIs in Louisiana – Being Pulled Over, DUI on Your Record

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