Kathryn Boortz
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Georgia probation shockers

12/22/2014

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Georgia Misdemeanor Probation Shockers
The next time you’re getting a morning coffee at McDonald’s or Starbucks consider the fact that one or two of your fellow customers and/or service staff is likely under supervision by the state’s criminal justice system.  More than likely that person is on probation for a traffic infraction or minor misdemeanor, and is under the control of a private, for-profit probation service working for the state.

In fact, approximately 500,000 of your fellow Georgia citizens are on probation, the vast majority of whom are being supervised by private probation companies that earn significant fees for their services to the state. Georgia leads the nation in the number of its citizens on probation, and its rate of citizens on probation is more than four times the national average.

In many cases surcharges and supervision fees add up to more than the original cost of the misdemeanor fine. While probation has long been used as an alternative to jail time for minor criminal offenses, it is also used by courts to “supervise” people who cannot immediately pay court-ordered fines, whether imposed for misdemeanor crimes or minor traffic offenses. 

Backlash against Georgia’s probation system has been growing, with 2014 serving as a pivotal year for addressing what many in the state consider an abusive system that gouges the poor. Last month the Georgia Supreme Court ruled that private probation companies can manage misdemeanor probationers, but that the companies cannot extend the sentences of those on probation. The ruling follows Gov. Nathan Deal’s April veto of HB 837, which would have expanded the power of private probation companies. The governor has asked the Criminal Justice Reform Council to study the probation system and recommend changes.

As a defense attorney, probation has greatly benefited many of my clients and it can be an appropriate resolution for many cases. However, I have seen firsthand how unfortunate it can be when a client cannot pay a fine on the day they enter a plea to a particular charge, and are then placed on probation to pay off the fine. Typically, they must pay $40-44 per month just to be supervised on probation. Some judges allow community service in lieu of fines or for a portion of the fine, and this seems to be a step in the right direction.

The Southern Center for Human Rights (SCHR) calls Georgia’s misdemeanor probation system “broken,” noting that it “prioritizes money collection over public safety and rehabilitation.”
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WHEN TO LET THE FOX GUARD THE HENHOUSE

12/12/2014

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Do you remember Crazy Eddie and the company's memorable TV commercials of the 1980s that described how Crazy Eddie's prices for consumer electronics were "IN-SA-A-A-A-A-ANE?" If so, you're probably wondering whatever happened to Crazy Eddie, or you are already aware that the business collapsed in the wake of what is widely considered the biggest case of corporate fraud in America until the emergence of the Enron, Worldcom and Bernie Madoff white collar scandals. 

Former Crazy Eddie co-founder, president and chief executive officer, Eddie Antar, pled guilty to racketeering and securities fraud and was sentenced to eight years in prison and ordered to pay more than $150 million in fines. He is also liable for more than $1 billion from various civil suit judgements against him. 

The company's chief financial officer, Sam Antar, who helped mastermind the fraud, assisted federal prosecutors in their investigation of the crime and testified against his cousin Eddie. Sam's assistance helped him avoid prison time, and paved the way for Sam's new, honest career as a white collar crime consultant. In this capacity Sam advises federal and state law enforcement personnel, as well as businesses, on white collar crime issues and provides training on how to identify and catch the criminals. He also serves as an independent whistleblower by identifying potential white collar criminal activity and referring it to law enforcement agencies.

Sam's adopted motto, "It takes one to know one," certainly seems to true, but unfortunately, there are not enough "ones" like Sam out there helping law enforcement in their battle against white collar crime. Nor are there enough law enforcement agents. According to Sam it is the "golden era of white collar crime," and the federal government is currently devoting far less resources into combatting white collar crime than it did when he was arrested. 

With government resources limited Sam suggests that people and companies need to do a better job policing themselves for white collar criminal activity. "Don't trust, just verify. The inclination to trust and the presumption of innocence gives fraudsters the initial benefit of any doubt while they are free to plan and execute their crimes,” Sam tells his consulting clients. 

If you are feeling nostalgic for a Crazy Eddie commercial you can view them on You Tube here: https://www.youtube.com/watch?v=4yYGoO5imyY.

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    Kathryn Boortz, Attorney

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PO Box 8843
Atlanta, GA 31106
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