EX-BORDER PATROL UNION BOSS FIGHTS FRAUD CHARGES – Attorney files slew of motions attacking charges that he defrauded union for years (Sam Spital)

Commentary by Federal Fraud & San Diego Criminal Defense Attorney Sam Spital:

“The digital edition of UT San Diego, formerly known as San Diego Union Tribute, published on January 22, 2013 a story concerning T.J. Bonner who previously led the nation’s Border Patrol labor union for two decades and was charged with Wire Fraud and Conspiracy, although his lawyer is now contesting both the prosecution case and procedures used to obtain an indictment sought by the U.S. Attorney who is claiming the defendant defrauded the union out of hundreds of thousands of dollars.

The article revealed the Government’s attorney responded to the pretrial motions attacking search warrants served on Bonner by asserting the warrants were valid and the evidence seized from his home are admissible. On the other hand the reported noted that the defense lawyer is seeking to dismiss the charges that Bonner submitted false claims for travel, meals, professional sports game tickets and reimbursement for wages; the defense contends the expense claims are legitimate because they were directly related and incurred while the defendant was working on union business. This will be a highly contested matter given the union boss has held a public role in which he served as an aggressive advocate for union members and in doing so was a powerful critic of government policy.”

–Sam Spital

Woman falsely represents a licensed physician

“Nothing could be more personal than the care and treatment provided by a licensed physician. We place our trust and confidence in doctors and in turn expect them to apply their sound judgment to carry out proper medical protocols and procedures, and to provide the appropriate medical advice and services.

For anyone to falsely represent she is a licensed physician when not is at the very minimum unspeakable.

Even more troubling is the fact a lay person took a huge amount of money for her “alleged services” and injured an innocent victim who relied upon and was entitled to receive quality medical attention.

As a San Diego criminal defense attorney, at times we may not dispute criminality, but focus on the defendant’s recognition of wrongdoing. There may be a defense to the wrongdoing, but the emphasis can be on the punishment. Here, what should be taken into consideration are a host of special factors, such as remorse and the lack of a prior criminal record.

Not knowing anything more about this case than published in the news media, the best one can do is try not to be too judgmental. Once a complete life history of the defendant, an analysis of all of the facts and issues, and the elements of motivation and an individual’s mental state are known and considered, a criminal defense attorney can develop his strategy.”

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