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Richard D. Willstatter
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Richard Willstatter’s Answers

48 total


  • Who do we report bank teller fraud to? FDIC or Consumer Financial Protection Board?

    Ex wife was a bank teller. Embezzled thousands of dollars from my brothers and my company. Forged and kited checks, forged bank statements, forged loan documents. ALL of this is admitted through a deposition by her and her supervisor at the bank. ...

    Richard’s Answer

    You should have your attorney contact the FBI in Louisiana to report the fraud. You should consult with experience federal criminal counsel before you make a report to law enforcement because you need to bear in mind that making a false statement to a federal agent in a felony (18 U.S.C. 1001) and they could view your claims with skepticism. It would be unusual for a loan to be taken out without your knowledge if you are on the hook for it unless someone forged your signature to a document.

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  • I had an honest mistake on Fafsa, now the school is saying that I provided misinformation, which can be a federal crime.

    The school should have seen the mistake and notify me, and not give me the grants in the first place. Now they're saying that I owe the money back and will be reported to the state for this. It will be on my records.

    Richard’s Answer

    I suggest you contact an experienced criminal defense attorney and have a confidential attorney-client meeting in which you discuss what the "mistake" was and why the school is saying it is wrong or false. You say the school "may not give [you] the grants" but also that the school claims you "owe the money back." Those statements appear contradictory. It would be best for you to speak directly to an attorney instead of relying on this free service partly because you don't want to make public statements or admissions in this forum. False statements on a FAFSA can be prosecuted in federal court.

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  • How do i go about getting bond for federal. for drug charges

    first time bond was denied.

    Richard’s Answer

    A defendant who is charged with a federal drug conspiracy or with possession with intent to distribute drugs faces a statutory presumption that no combination of conditions can assure the Court he will not flee or pose a danger to the community. That said, many defendants facing federal drug charges can be released on a bond often when it is secured by an interest in real property and/or by the co-signing of a personal recognizance bond by other financially responsible persons with whom the defendant has close personal relationships. Sometimes home detention with electronic monitoring can be suggested or required. The Pretrial Services Officer assigned to the matter will interview the defendant and make recommendations to the Court. The government often --but not always--seeks detention in these sorts of cases. Since you are writing from Tennessee, and every district's practices are a bit different, you should seek counsel from an experienced federal criminal defense lawyer in your district.

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  • How to obtain a copy of a PSI if original attorney does not have it

    This is a federal case, and the defendant is already incarcerated. Thank you very much.

    Richard’s Answer

    The attorney who became a judge is obligated to provide a copy of the pre sentence report to his former client or, if he claims he doesn't have it anymore, to obtain a copy from the Probation Department. If he refuses , the client can write to the probation department to request a copy. If they don't respond, he can write to the court to ask for a order directing Probation to provide him with a copy.

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  • Will pre trial diversion take me off of home detention?

    I was put on federal pre trial release in November. My bond conditions are to not break any laws and be on home detention. I will be signing a pre trial diversion contract with the government this Monday. Will that take off my home detention? Hom...

    Richard’s Answer

    You need to find out from your pretrial services officer if your bail conditions will be changed once you have entered pretrial diversion. The bail conditions set by the Court apply to you until they are modified by order of the Court. Once the contract is presented to you, you will be told whether the government will consent to the modification of your bail conditions. Your lawyer is the best resource for the answer to this question. Every District is a little different.

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  • I need a really Good federal Drug Consperiacy lawyer in the D M V area there are 20 codefendents

    it is a really big case

    Richard’s Answer

    One possibility for you to consider is Carmen Hernandez, former President of the National Association of Criminal Defense Lawyers and former federal defender in the District of Columbia. http://www.avvo.com/attorneys/20004-dc-carmen-hernandez-1547752.html
    There are numerous highly experienced federal criminal defense lawyers in the DC area. But you will need to be certain the attorney really does this work in federal court. And you will need to be prepared to pay a great deal of money for excellent representation.
    On the other hand, be aware that if you cannot afford counsel, a lawyer will be appointed to represent you from either the federal defender or from the CJA Panel.

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  • Awaiting sentencing for marijuana conspiracy .. I plead guilty but psi based on lies 1000 kilos they say I say 500 lbs

    It is 100 kilo indictment I also am cooperating psi is based on all lies.. Will the Feds make it rite I'm being told wait till sentencing and they will work it out my points are at 34 on psi after acceptance of responsibility

    Richard’s Answer

    You are in a precarious position because you have pleaded guilty and hope to receive a 5K1.1 motion by the government for a sentence reduction. Presumably, you have made a clean breast of your criminal conduct and the government ultimately believes you have been both truthful and helpful. You need to discuss possible objections to the PSR with your counsel and to review the risks and benefits of challenging the PSR calculations. Often, your lawyer can feel out the prosecutor to see if agreement can be reached.

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  • I am a NYS Licensed Private Investigator. I would like to know how I can register as an Inv. for the NY Fed. defense panel.

    Southern or Eastern District

    Richard’s Answer

    There is no "list" or panel for CJA investigators in the SDNY or EDNY so you cannot register as an invetigator. If you know some members of the CJA panels you can let them know you are interested.

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  • What can i do if my parole officer is Harrison me

    threatening me removed me from my home an put me is a shelter

    Richard’s Answer

    A parolee is generally required to follow instructions from a parole officer. In general, parole officers do not favor homeless shelters for parolees who have a home. There might be a reason the officer believes provides a justification to remove you from your home. Maybe you already know what that is. If you think the officer is wrong, you could calmly explain your position to the officer and, if he disagrees, politely ask to speak to the supervisor. If you disobey, a VOP could result with your immediate remand to prison.
    Richard Willstatter

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  • Whats the difference between a private lawyer and a court appt legal aid

    Is it normal to not hear from or see your lawyer till day of court

    Richard’s Answer

    It is common for court appointed counsel to fail to contact clients in between court appearances. There are private lawyers who accept these assignments just like staff attorneys with the NYC Legal Aid Society and the Bronx Defenders do. The difference is that private attorneys who take these assignments are paid by the Assigned Counsel Plan and are not employed as public defenders. When one does not have the means to retain counsel, one must depend on the court to assign counsel to defend a criminal case. Court appointed counsel often have large caseloads and may not have time to pay adequate attention to each client. Of course, some private laywers who are retained also do not speak with their clients as often as they should and--significantly--may not prepare the defense as well as we might hope. As my colleagues have said, it is always better to choose to retain a very good private lawyer if the funds can be found for that purpose.
    Richard D. Willstatter
    White Plains, NY

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