Posted On: May 26, 2008

FBI and GBI to cooperate in Georgia computer crime and internet porn investigations

Not really surprising news, but it could be a significant development for criminal defense lawyers in Atlanta and other parts of Georgia.

The Georgia Bureau of Investigation (GBI) has joined with the FBI in Georgia to staff a training center for law enforcement officers involved in cybercrime and internet criminal investigations. The center will provide training in all aspects of computer crime, from internet child pornography to identity theft and fraud involving the use of computers.

The Macon Georgia Telegraph has the story.

The FBI says that the training will help law enforcement investigate cybercrime that costs the U.S. approximately $4 billion a year. The GBI's spin is that the training will help law enforcement protect children. Not sure how the two relate, but it sure makes good press.

Officials expect 70 Georgia police departments and sheriff's offices to participate in the training. That means a lot more local enforcement of complicated computer crime laws. Not sure that is a good thing, considering some of the misguided sexual exploitation cases we have defended in the past few years. But maybe a little training is exactly what some local departments need.

Our firm has handled dozens of internet porn cases. A lot of our work has focused on the forensics of the computer investigation, an area ripe with law enforcement errors. By using computer forensics experts, we have kept several of our clients from being indicted. In other cases, we have successfully challenged the techniques used to entrap unwary internet browsers and the curious surfer. Computer porn and enticement cases can be difficult for a criminal defense attorney because the stakes are so high. A conviction on a sexual exploitation case will usually result in a significant prison sentence, and possible lifetime registration on Georgia's sex offender registry.

We have also represented clients in identity theft and other white-collar fraud cases involving the use of computers. Like computer pron and exploitation cases, computer fraud prosecutions are best handled by a criminal defense firm experienced in complex criminal cases with access to the best computer forensics experts in Georgia. While we have always seen these cases prosecuted in federal courts, we are now seeing more and more of them in Georgia state courts. In our experience, recent Georgia fraud cases run the gamut, from simple online scams (sometimes using Ebay and other online services) to complex mortgage fraud that used to be prosecuted almost exclusively in federal courts.

If this new training does increase the amount of state-level computer crimes being prosecuted in Georgia, it will be interesting to see how prosecutors work this cases into crowded state court dockets already filed to the brim with violent crime and drug cases.

Posted On: May 22, 2008

Atlanta judge sentences former Atlanta Police Officer to 4 and a half years

Tesler got much more time than I thought he would. I am sure his lawyer feels the same way.

Yesterday, Judge Johnson sentenced Arthur Tesler to four and a half years, just 6 months short of the maximum sentence for this crime.

The Atlanta Journal Constitution has the story.

Normally, a conviction for making a false statement would not put someone in prison for close to 5 years. It's a 1 to 2 year offense, at worst. It's likely that Judge Johnson considered the effect of this offense on both the Atlanta Police Department and the community. Although the jury found that Testler was not responsible for the shooting, he was culpable for the cover-up. Considering the collateral damage of the whole incident, the judge probably wanted to send a message. Looks like he did.

Of course, Tesler has the right to pursue an appeal of both the conviction and the sentence, but his defense lawyer may advise him not to. Tesler basically admitted the only count of conviction, and Georgia judges have a lot of discretion in sentencing after a criminal trial. If Tesler and his lawyer want to appeal or ask for a new trial, they have to file a notice within 30 days.

There are some community activists asking for a federal criminal investigation, but that would be unlikely. The feds have already charged the other two officers and apparently gave Tesler a pass based on what they knew about his involvement. I see no reason for the U.S. Attorney in Atlanta to re-visit that decision now.

Posted On: May 20, 2008

Atlanta police officer guilty on one count, not guilty on others

tesler.jpg

The jury finally reached a decision.

Former Atlanta Police officer Arthur Tesler was found guilty of making a false statement to investigators in connection with the 2006 Neal Street shooting, but was found not guilty on the false imprisonment and violation of oath of office charges.

With the conviction on one count, he faces a maximum of 5 years in prison. Realistically, he is looking at a lot less time.

Although the judge is authorized to sentence Tesler to straight probation, it's unlikely. The judge ordered him taken into custody after the verdict. That's unusual for a false statement case, especially when the sentencing has been postponed until later in the week. Maybe a 12 month sentence? Just my guess. The extra couple of days should allow Tesler's criminal defense lawyer to call witnesses to the sentencing hearing.

The Atlanta Journal Constitution has the story.

The verdict looks bad for the Fulton County DA's office because Tesler was convicted on only 1 of the 3 counts. And the count of conviction was something Tesler admitted to doing when he testified - lying to the FBI after the shooting occurred.

If the DA's office had drafted the indictment differently, Tesler would likely have also been convicted on the oath of office charge. Ultimately, it probably won't matter for purposes of sentencing. Judge Johnson heard all the evidence and probably has a good idea of what sentence he will impose.

Sentencing is set for Thursday.