Narragansett Home Sale Mortgage Fraud Case

In a recent article on Boston.com, the fraudulent activity of Timothy and Eugene O’Brien is highlighted in connection with late crime boss Frederick Carrozza Sr. The brothers have been charged with obtaining money under false pretenses, conspiracy and money laundering.

Criminal Defense Attorney S. Joshua Macktaz posts the full article below:

2 brothers charged over $2.4 million RI house sale

People in the state real estate industry were “scratching their head’’ after an associate of a late New England crime boss sold his “mess’’ of a house in a weak market for almost $1 million more than the asking price to two brothers now facing criminal charges, a police affidavit says.

Authorities on Thursday announced the arrests of Eugene O’Brien and Timothy O’Brien, who are accused of pulling off a $2.2 million fraud to buy the Narragansett home of Frederick Carrozza Sr., who ran a business from the same Providence office as the late reputed mob boss Raymond L.S. Patriarca.

Narragansett real estate agent John Hodnett wrote in an email two months after the September 2006 sale that the $2.4 million deal was one of the most “bizarre’’ transactions the market had seen in a while.

“This home has been on and off the market over the past 10 years between 595K and $1.5 (million). It was last on the market for $1.5 (million) this past February,’’ Hodnett wrote in an email quoted in the affidavit. “To see this close at $2.4 (million) with a mortgage (of) $2.28 (million) is mind boggling and turning all of the comps upside down. Most people are under the assumption that there may be more than meets the eye on this one.’’

Investigators began looking into the sale of the home after the lender foreclosed last year, state police Lt. Michael Winquist said. A confidential source told authorities the sale price was suspicious and crimes may have been committed, he said.

Two area real estate agents told investigators the 4,900-square-foot home, located near a beach, was in poor condition in 2006 and required “a lot of money and work,’’ the affidavit said. An attorney who offered to buy the property from Carrozza for $1.2 million called it a “mess’’ and planned to raze it, the affidavit said. A forensic appraiser determined the house was worth $910,000 when it sold, Winquist said.

Carrozza, who is not facing charges, made about $2 million in the sale, the affidavit said. He did not promptly return a message seeking comment Thursday.

Eugene O’Brien, who is from Wesport, Mass., and has worked in the mortgage industry, made more than $95,000 from purchasing and refinancing the property, and Timothy O’Brien, an acupuncturist from South Kingston, made $100,000, the affidavit said.

They’re each charged with obtaining money under false pretenses, conspiracy and money laundering.

Eugene O’Brien, 50, and Timothy O’Brien, 55, financed the purchase with a mortgage from Coastway Credit Union in Cranston, Winquist said. He said $120,000 was given as a down payment but few mortgage payments were made.

DUI and Breathalyzer Refusal Dismissed and Expunged

If you have been charged with a DUI in RI, contact Criminal Defense Attorney S. Joshua Macktaz at (401) 861-1155 for assistance now.

Criminal Charges: Driving Under the Influence; Breathalyzer Refusal

Police Report: South Kingstown Police observe a Client traveling in the breakdown lane on route 1 south. Police activate lights and observe Client’s vehicle strike the curb as it pulls over. Upon approaching the vehicle, Police observed a moderate odor of alcohol, bloodshot and watery eyes and slurred speech. Client takes and fails 3 field sobriety tests. Client is arrested and refuses to take the breath test at the station.

Result:

Driving Under the Influence: DISMISSED AND EXPUNGED

Breathalyzer Refusal: DISMISSED WITH NO LOSS OF LICENSE

RI DUI Enforcement Using Extra Patrols Over Holidays

Here in RI DUI offenses are taken very seriously. Before you decide to drink and drive, make someone a designated driver. But if you do make a mistake and end up pulled over, be sure to contact me at (401) 861-1155 for a consultation to discuss the charges being made, and what will be in your best interest moving forward.

RI steps up DUI enforcement over holidays

PROVIDENCE, R.I. (AP) -- Rhode Island officials say extra patrols will be out to ensure motorists drive sober throughout the holiday season.

Michael Lewis, director of the state's Department of Transportation, said Thursday that motorists should plan ahead by picking a designated driver before heading to holiday parties.

According to the National Highway Traffic Safety Administration, 37 percent of holiday season traffic fatalities are alcohol related. In December 2009, 753 people were killed in alcohol-related crashes around the U.S.

Lewis also urged residents to heed a new state law allowing police to detain and cite motorists for not buckling up, even if they haven't committed another offense.

Indecent Assault Charge in Boston MA

If you have been charged with assault and battery, contact Criminal Defense Attorney S. Joshua Macktaz at (401) 861-1155 now for assistance.

BU Men’s Hockey Star Arrested
Corey Trivino is charged with indecent assault
By Art Jahnke

The starting center on the BU men’s ice hockey team was arrested Sunday night and charged with three counts of indecent assault and battery after he allegedly entered the room of a female student and attempted to kiss and grope her.

Corey Trivino (MET’12), the leading scorer in Hockey East, was also charged with two counts of breaking and entering in the nighttime and one count of assault with attempt to rape. Trivino, a Toronto native, pleaded not guilty to all charges at his arraignment yesterday in Brighton District Court. Judge David T. Donnelly set bail at $25,000 or surrender of Trivino’s Canadian passport and ordered Trivino to leave his BU dormitory room by 3 p.m. yesterday. Donnelly ordered a “status check” of the case on January 18.

Suffolk County Assistant District Attorney Cameron Merrill told the court that witnesses claim that an apparently intoxicated Trivino pushed his way into the room of a female student at 10 Buick St. and started kissing her and fondling her against her will. Trivino reportedly left the room at the student’s insistence, and she called the Boston University Police at about 11 p.m. Police arrived a short time later and placed Trivino under arrest.

Trivino, whose family flew in for his arraignment, appeared in court in handcuffs and a powder blue hoodie. He never spoke, standing hunched forward and head down throughout the court proceeding.

Read more HERE

More Women Arrested for Drunk Driving Study Says

The article below is startling really when you think about the number of women (moms) involved in M.A.D.D. (Mothers Against Drunk Driving). This is not to say that the women being arrested are mothers, though the article does mention that they are “primary care-givers to children”, simply that it is a surprising statistic in light of all the press generated by the organization as female supporters against drunk driving.

If you have been arrested for drunk driving in RI, contact S. Joshua Macktaz now at (401) 861-1155.

Please drive safely this holiday season.

Drunken Driving Arrests for Women Up 36 Percent

Washington, DC. Dec. 6  – The number of drunken-driving arrests for women has shot up in recent years according to a study being released today by the Traffic Injury Research Foundation.

They’ve increased 36 percent over the last decade.

In case you’re thinking about having a glass of wine or two before bringing your child to a friend’s house, here’s more to ruin the idea: The study also found that the average female drunk driver is older and better educated than her male counterparts. They also tend to hold lower-paying jobs and be primary caregivers to children.

That profile wasn’t a shock to researchers since the study, funded by the distillers’ association The Century Council, was triggered by the attention-getting accident in 2009 when a mother, Diane Schuler, drove her minivan down the wrong side of a New York highway. She caused a crash that killed herself, her daughter, her three nieces and three men in another car. It was later determined that she had been drunk and high.

Schuler’s was an extreme case that jolted attention to the unspoken truth that some parents drink to excess while caring for their children. Upsetting as it was, though, the news left many parents thinking that her drinking shared no resemblance to their own. A glass or two of wine during the day didn’t seem in the same league.

What today’s study reveals is that mothering and drinking may be a more common problem than we realize…

Marijuana Possession Charge Dismissed

If you have been charged with a drug related crime or possession of marijuana, contact Criminal Defense Attorney S. Joshua Macktaz at (401) 861-1155 now for assistance.

Criminal Charges: Possession of Marijuana

Police Report: Client and a friend are sitting on a park bench in the middle of Occupy Providence smoking a marijuana cigarette. 2 undercover Providence Police officers walk up to Client and arrest him and seize an additional 3 grams of marijuana from his pocket.

Result:

Possession of Marijuana: DISMISSED AND EXPUNGED

Shoplifting Charge Dismissed

If you have been charged with shoplifting in RI, contact Criminal Defense Attorney S. Joshua Macktaz at (401) 861-1155 now for assistance.

Criminal Charges: Shoplifting

Police Report: Macy’s security observes Client removing the price tags off of clothing and jewelry and then placing them into a shopping bag. Client is confronted as she leaves the store and turns over approximately $300.00 worth of items. Client is arrested by the Providence Police.

Result:

Shoplifting: DISMISSED AND EXPUNGED

Holiday Hosting and DUI in RI

One area of holiday party-going that is rarely discussed is the role of the party host in drinking and driving incidences and charges. In particular, if you are hosting a party where there will be underage guests and you are serving alcohol, anyone who is subsequently charged with a DUI, DWI, or other related substance abuse while driving charge, you may be held responsible and could be subject to a lawsuit.
In Massachusetts for example, parents are legally liable if they serve alcohol to minors or allow any underage drinking on their property. Some states have laws that open party hosts to tickets and criminal charges for allowing underage drinking.
These laws are designed to protect teens from the harmful effects of alcohol, while making parents and hosts equally liable for damages caused by them in the event of an accident, injury, or property damage.
Some of the penalties for this can also involve a civil lawsuit, fines of upwards of thousands of dollars, and jail time, or all of these. Parents or hosts may also be required to pay medical bills and other damages suffered by the teen themselves, as well as any other person involved in the incident.
If you are a parent and are concerned about your teen's activities while you are not at home; which also falls under any host liability rules, contact S. Joshua Macktaz, an experienced DUI and Criminal Defense Attorney who can help you discover the answers to questions like, whether or not you need to lock up any alcohol while you are not home, whether the liability for social host in situations where teens have their own alcohol and are drinking without your knowledge, and whether your homeowner’s insurance will cover your losses.
The phone number for Attorney Macktaz is (401) 861-1155 and he can be reached by email at Joshua.Macktaz@gmail.com