Articles Tagged with california

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Dan Koukol represented one of four defendants recently acquitted of five charges related to mortgage fraud in a landmark federal case in Sacramento. Koukol mounted two distinct defenses for his client, one of which had never been used before anywhere in the country.

Koukol’s client was charged with various counts of mortgage fraud—three counts of money laundering and two counts of mail fraud— in connection with real estate dealings in 2006 and 2007. The prosecution claimed that Koukol’s client was the “ringleader” in the group of four defendants, in that he recruited straw buyers to purchase properties under false pretenses and then turned around immediately and resold the properties for extraordinary profits to a subsequent straw buyer who, the government claimed, lied on her loan applications.

The defense attorneys for all four defendants argued that for fraud to have been committed, the lenders would have had to actually rely on the misstatements and gaping holes in loan applications. Instead, the lenders turned a blind eye. In fact, in many cases the lenders encouraged buyers to fill in false information on loan applications, so that those very same lenders could approve large numbers of mortgage applications that would not pass muster if the buyer provided truthful information.

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In the first posts in this series, we have discussed the definition of a criminal record and how to obtain your criminal record history. Today we will learn about sealing and destroying arrest records.

There are several circumstances in which records of your arrest or detention may be completely sealed and destroyed. Having your records ordered sealed and destroyed makes sure all law enforcement agencies and courts will seal you records and, after three years, destroy them. Once ordered sealed and destroyed, you need not indicate that you were ever arrested of the offenses.1

Reasons records may be sealed and destroyed

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In our last post, we discussed the definition of a criminal record and the importance of understanding a criminal record when it comes to entering a plea.

Today we are discussing the importance of knowing your criminal record history. Jail will pass, but your record will haunt you for the rest of your life. Here is how to obtain your criminal history, so you know what you’re working with.

Order of Judgment

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In the next few weeks, we’ll be sharing a series about avoiding and cleaning up your California criminal record. First we will discuss the definition of a criminal record, and why having one can impact your life beyond the conviction.

What is a criminal record?

Your criminal record is more than just a record of your convictions. It also contains the information related to your identification and criminal history, including your name, date of birth, physical description, fingerprints, photographs, date of arrests, arresting agencies, booking numbers, charges, dispositions, and other similar data1.