Man Sentenced for Federal Sex Crime against Oklahoma Boy
A California man convicted of a federal sex crime in Oklahoma was sentenced to twelve years in federal prison. John Kenneth Calderon Bastro, of Long Beach, California, was sentenced in U.S. District Court in Oklahoma City following his November plea of guilt to causing distribution of child pornography.
Bastro was accused of soliciting explicit images from a 10-year-old boy in western Oklahoma. In the case, Bastro offered the young boy video game cheat codes in exchange for graphic sexual photographs sent to the perpetrator via text messages. According to court testimony, Bastro and the victim met online playing a video game on XBox LIVE. Bastro invited the boy into a private chat where they exchanged phone numbers. The victim was offered 20 video game cheat codes if he would text explicit photos of himself to Bastro. The boy's mother became concerned and notified authorities after finding text messages from the out-of-state phone number on her child's cell phone.
Child pornography and computer sex crimes in Oklahoma are frequently prosecuted as federal sex offenses. Sexting, soliciting minors online, possession of child pornography, and distribution of child pornography are all sex offenses that are frequently perpetrated over the internet or mobile technology. Because these crimes take place online, they frequently occur across state lines, making federal charges almost inevitable.
Federal sex crimes in Oklahoma are prosecuted by U.S. District Attorneys, presided over by a federal judge in one of Oklahoma's three U.S. District Courts, and defended by Oklahoma federal criminal defense attorneys. The U.S. District Courts and locations in Oklahoma include:
- U.S. District Court - Western District of Oklahoma in Oklahoma City
- U.S. District Court - Northern District of Oklahoma in Tulsa
- U.S. District Court - Eastern District of Oklahoma in Muskogee
The prosecution in a federal case is often supported by investigation conducted by specialized government agencies such as the FBI, ATF, and DEA. Sentencing in federal court is often much more stringent than sentencing by the local courts, with prison sentences to be served in federal penitentiaries rather than state prisons. For these reasons, it is imperative that anyone charged with federal sex offense obtain legal representation from an Oklahoma defense lawyer who is also an experienced federal sex crime defense attorney.
If you have been charged with a federal offense in Oklahoma's Western District following an accusation of child pornography, internet sex crimes, or other federal sex crimes, contact the law firm of Phillips & Bailey for a consultation with a federal sex crime defense lawyer in Oklahoma City.
Sentencing Guidelines for Federal Crimes
Certain crimes that violate the United States Criminal Code are not charged in Oklahoma state courts, but in federal court. Cases tried in federal court generally have a higher rate of conviction than those tried in state court, and a conviction of a federal offense generally carries a more severe penalty than the same crime would yield in an Oklahoma district court. Sentences for conviction of federal felonies and Class A misdemeanors are determined in alignment with Federal Sentencing Guidelines as determined by the United States Sentencing Commission.
Initially, the Federal Sentencing Guidelines were designed to be mandatory, but in 2005, the U.S. Supreme Court ruled that the Guidelines unconstitutionally violated a defendant's Sixth Amendment rights. After the Court's ruling in United States v. Booker, the Federal Sentencing Guidelines were determined to be advisory rather than mandatory.
The U.S. Federal Sentencing Guidelines are a complex document exceeding 500 pages. An Oklahoma federal crime defense lawyer can help a defendant understand where his or her offense falls within the Guidelines to determine the likelihood of a particular sentence. Because the Guidelines are advisory in nature, a specific sentence may fall above or below the guidelines depending on mitigating factors, aggravating factors, and even the particular attitude of the sentencing judge.
To determine one's possible sentence based on Federal Sentencing Guidelines, one must look at the specific offense with which the defendant is charged and the defendant's criminal history. Following are the steps to determining the sentence recommended by the U.S. Sentencing Guidelines:
- Look up the offense with which you are charged in the USSG Federal Sentencing Guidelines.
- In Chapter 2 of the Guidelines, determine the Base Offense Level of the crime, and make any applicable additions to the Base Level for Specific Offense Characteristics.
- In Chapter 3 of the Guidelines, make any adjustments pertaining to your specific offense, increasing for aggravating factors and reducing for mitigating circumstances.
- In Chapter 4 of the Guidelines, determine your Criminal History, whether you are a first offender or a Career Offender.
- Using your Base Number, including adjustments, and your Criminal History Points, use the USSG Sentencing Chart to determine your likely sentence.
Though as described, determining a recommended sentence is only a few simple steps, it is important to remember that the Guidelines are more than 500 pages long with complex formulas for determining an offense level and criminal history. A skilled Oklahoma criminal attorney can help determine your likely sentence and can fight aggressively in court to defend you against the charges you face. He or she will work with you to maximize any "downward departures" in sentencing and minimize any "upward departures" from the guidelines. For more information about federal crime and federal sentencing guidelines, contact an experienced criminal defense lawyer in Oklahoma City.
Oklahoma Teacher Resigns Amid Allegations of Exploitation
An Oklahoma elementary teacher has resigned from her duties in the midst of an investigation that she may have sexually exploited some of her third grade students. Kimberly Crain, 47, of Shawnee, is accused of taking inappropriate photographs and video of some of her female students at McCloud Elementary school in Pottawatomie County. In addition, she is accused of having students Skype (online video calls and chats) with an older man referred to only as "Uncle G" during school several times a week. If enough evidence is obtained during the investigation, Crain could be charged with Oklahoma sex crimes or even Federal sex crimes such as production, distribution, or possession of child pornography.
It is important to remember that at this time, Crain has not been charged with child pornography in Oklahoma or any other state or federal sex offense. Though a search warrant has been granted and property has been seized from Crain's home, she has not been arrested or charged with any crime. The probable cause affidavit and search warrant are based on police interviews with third grade students allegedly involved in the case.
According to a police affidavit, the parents of one alleged victim informed police that their daughter told them that Crain took inappropriate photos and videos of the girls at a pizza party at her home. They said that when they asked their daughter if she had fun at the pizza party, she told them that Crain had each of the girls change into Christmas-themed bras and panties that she provided and took pictures of them decorating a Christmas tree and performing a cheer dance routine they made up. The affidavit states that two of the girls felt uncomfortable wearing the bras and panties, and instead tried to wear the panties with t-shirts. Crain allegedly made them change out of the t-shirts.
About a week after this incident was reported to police, parents of another girl reported to police that their daughter, who was in Crain's class, told them that the teacher took cell phone pictures of certain girls in the class posing on desks and in chairs and had them Skype with "Uncle G" three or four times a week.
Based on these interviews, a search warrant was granted, and several electronic devices, including three laptops, an iPod, a USB drive, and a portable hard drive, were confiscated from the suspect's home.
Being suspected of impropriety with children can jeopardize any career, but for someone who makes a living working with children, such allegations are devastating. If one is accused of the sexual abuse or sexual exploitation of children, it is imperative that he or she hires a skilled Oklahoma sex crime lawyer, not only for criminal defense, but also for protection of constitutional rights during the investigation.
EDIT: After the publication of this post, Kimberly Crain was arrested on complaints of lewd acts with a minor and child pornography in Oklahoma. Police allegedly discovered deleted photographs of nude girls on her Crain's seized cell phone as well as pictures of girls in sexually suggestive poses.
About Tax Fraud in Oklahoma
One type of white collar crime defense handled by an Oklahoma fraud attorney is tax fraud. Tax fraud can take any number of forms that an individual or business may take to avoid paying the full amount of taxes owed. This can result from tax evasion, failure to file, fraudulent tax deductions, claiming false dependents, and more.
Though it is estimated that 17% of all individual tax returns have some error, serious cases of intentional fraud are prosecuted heavily. Tax evasion or tax fraud can lead to fines, tax penalties, accrued interest, liens, bank levies, wage garnishment, and seizure of assets. Tax crimes are also punishable by lengthy prison sentences.
A government study revealed that the majority of tax fraud--up to 75%--is committed by individual tax payers rather than businesses and corporations. Individual tax fraud is committed primarily by middle income earners.
However, tax evasion reaches headlines when a large corporation or, even more attention-getting, a celebrity is accused. Some of the most famous people accused of tax fraud include:
- Martha Stewart - Did not pay $220,000 in taxes on a Hamptons vacation home
- Wesley Snipes - Claimed he was a "nonresident alien," despite being born in Florida; sentenced to three years in jail and required to pay $17 million in back taxes
- Willie Nelson - Faced $16.7 million in back taxes; when his assets were seized and auctioned, many fans bought the items and returned them to the beloved country singer
- Nicholas Cage - Accumulated $12 million in back taxes and the foreclosure of his multi-million dollar Las Vegas home; Cage blamed his financial manager
- Joe Francis - The producer of Girls Gone Wild was accused of taking $20 million in fraudulent deductions
Other famous people accused of tax evasion include Judy Garland, Al Capone, and--to a lesser degree--"Survivor" Richard Hatch, who didn't report his $1 million prize, income earned as a radio host, or profits from real estate rental.
Failing to report income and assets is just one method for attempting to avoid paying taxes. Tax fraud can take other forms as well, such as when a business keeps two sets of books, doesn't keep books at all, or manufactures or alters checks and receipts.
Tax fraud investigations are conducted by government agencies such as the Internal Revenue Service. Backed by the full force of the government, these investigations are usually quite thorough, and the individual suspected may not even realize he or she is under investigation until he or she is arrested or charged. For white collar defense in Oklahoma, contact a fraud lawyer who is experienced at handling Federal fraud cases.
Oklahoma City Man Charged with Federal Internet Sex Crimes
Oklahoma City sex crime defense lawyers are handling more and more cases of internet sex crimes. Although internet sex crimes, such as sexting, child pornography, and soliciting minors online, are against Oklahoma law, they also violate federal law. As violations of United States criminal law, these offenses may be prosecuted in federal court, with the full force of governmental agencies like the Federal Bureau of Investigation (FBI) supporting the prosecution.
A former youth minister was charged in federal court in Oklahoma City with sexual exploitation of minors after he allegedly used a fake profile on Facebook to solicit nude photos. According to an FBI investigation, Daniel Leslie Mooneyham, 32, of Oklahoma City, created a fake Facebook profile posing as a woman and using the pseudonym "Terri Smith." Mooneyham is accused of sending nude photos of a woman to male friends of the fake profile in return for their own nude photos. The FBI says that Mooneyham's wife discovered her husband's scheme and reported it to the FBI. Investigators say the nude photos he received included those of minors. Allegedly, he solicited photos from one boy as young as 13; the boy apparently did not comply with the request.
FBI agent Douglas Settle said Mooneyham admitted several months ago to creating the false profile and an email account for the purpose of soliciting nude photographs of men and boys. He claims Mooneyham said he requested the pictures of minors out of "curiosity."
Mooneyham's Oklahoma City internet sex crime lawyer told the media that it is too early in the investigation to know whether the allegations against his client are valid or not.
The federal charges are not Mooneyham's first run-in with the law. In 2007, while he was youth minister of a Lexington, Oklahoma, church, Daniel Mooneyham was charged with embezzlement in Garvin County District Court. The following year, he was ordered to serve probation and pay restitution of $19,000. According to his wife, Mooneyham is still active in the church, working as a Sunday school teacher and interacting with youth.
Mooneyham's wife filed for an annulment of their marriage last week, saying that her husband committed fraud when he failed to disclose his sexual orientation prior to their marriage.
Both white collar crimes, like embezzlement, and internet sex crimes, like sexual exploitation of minors, are not only Oklahoma state crimes, but also United States federal crimes. Those charged with a federal offense in Oklahoma should look for an Oklahoma criminal lawyer with successful experience handling criminal defense in federal court.