COMMENTARY BY SAM SPITAL, SAN DIEGO CRIMINAL ATTORNEY:
“KFMB Channel 8 CBS online news contains an article written on December 19, 2012 in which two 62 year old brothers were accused of conspiracy to commit mail and wire fraud. The story revealed a similar scam and their conviction in 1990 for group tours that were never provided to high school and middle school students, which resulted in the sentences of 27 to 30 years in state prison and restitution of over one-quarter million dollars. If convicted in the current criminal case, the twins each face up to 20 years in state prison as well as fines of at least $250,000.
Lacking even a scintilla of evidence of remorse, rehabilitation and extenuating facts and circumstances, the reporter went to the home of the two brothers, but no one came to or answered the door. A neighbor reported the brothers were friendly and took care of their elderly mother. The defense will likely assert the defendants did not have sufficient business experience, among other things, to follow elementary principles of accounting and maintain all funds received in a trust account, pay for costs and expenses as incurred or bills were received, and to employ sufficient and experienced employees in order to deliver on their contracts as well as to promise only what they were certain they could achieve.”