Coleman’s Defense Reacts To Sentencing (Whistle Blower In Petters Case)

Published On: October 20th, 2011

Joe Tamburino, a member of Fox 9 News’ Expert Legal Panel of Criminal Defense Attorneys

Published On: October 20th, 2011

Charges Filed in Senser Hit & Run CaseJoe Tamburino gives his view on these two high profile cases.

MINNEAPOLIS - The wife of former Viking Joe Senser was charged with criminal vehicular homicide or operation, a felony count, by the Hennepin County attorney Thursday.

Read more: Charges Filed in Senser Hit & Run Case http://www.myfoxtwincities.com/dpp/news/crime/amy-senser-charged-in-hit-and-run-sept-15-2011#ixzz1bLDoKfsi

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Defense Attorneys Discuss Knox Trial

MINNEAPOLIS - The murder trial of Amanda Knox has captivated people for the four years she was imprisoned after she was accused of killing her British roommate. On Monday, she collapsed in tears when she was cleared.

FOX 9 News invited two criminal defense attorneys, Joe Tamburino and Jeff Degree, to talk about the trial.

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David Risk Officially Certified in the use of the DataMaster DMT and DMT-G

Published On: September 13th, 2011

David Risk has been officially certified in the use of the DataMaster DMT and DMT-G breath testing device. He is 1 of only 7 Minnesota criminal defense attorneys currently certified to operate this device. Law enforcement in the State of Minnesota will begin using the DMT-G model of this breath testing machine in the near future. The DMT-G will replace the Intoxilyzer 5000EN which has been the subject of extensive litigation. David Risk is also a certified operator of the Intoxilyzer 5000EN. Retaining an attorney who is trained and certified on the same device used by law enforcement against you may prove to be crucial in your defense. Please contact our firm for more information.

Former NFLer Tuaolo took charges to heart

Published On: July 6th, 2011

tuaolo-esera2web123All charges have been dismissed in Ramsey County against Esera Tuaolo stemming from a June 2010 ruckus between the former NFLer and his boyfriend, a hospital employee and an amateur baseball player.

“It was just a misunderstanding. I love Esera,” Aaron Thompson told me Monday. Thompson’s name was withheld when I broke this story last year because some members of his family did not know he was gay. Withholding Thompson’s name created confusion when some immediately jumped to the conclusion that the alleged victim was Tuaolo’s former partner, the businessman with whom Esera is raising twins.

I asked Thompson, who plays for Stockmen’s Irish Baseball, how authorities wound up in the middle of their disagreement in Vadnais Heights.

“My sister called them,” said Thompson.

The men, who have been together almost four years, continued their relationship as this matter crawled through the courts. They marched together in Sunday’s Minneapolis Pride parade.

Tuaolo’s attorney, Allan Caplan, said his client “was originally charged with assault in the fifth degree, domestic assault and disorderly conduct. The whole case was wrapped up last week.”

Tuaolo seems to have belatedly realized that, “When you’re in the public eye, it kind of multiplies” the number of people who notice an issue. “When something like this happens, you have to take a look at yourself and the situation, even though you don’t agree with it. You can find a message in everything, a [way] to better yourself,” Tuaolo said.

“I went to anger management — but it wasn’t court-ordered — because I wanted to understand it, that whole [mind-set] of the NFL player, violence and all of that. I wanted to make sure I covered all bases. After all the things I have done and learned, something like this will never happen again, I’ll tell you this.”

While these charges were hanging over his head, Tuaolo said he sensed some distance from people with whom he had contact when speaking as an advocate against homophobia.

“People looked at me with daggers [in their eyes]. I lost some jobs. But I totally understand,” Tuaolo said. “I am so relieved that it’s over. It’s been a long year. We’re going strong. Aaron’s an amazing guy.”

KARE11 weather shakeup?

Word has it that Sven may regain his weekends.

A KARE11 e-mail reportedly went out on Monday announcing changes in the station’s weather front in an effort to provide even more weather coverage of Minnesotans’ favorite avocation.

Meteorological heartthrob Sven Sundgaard is reportedly leaving weekends for the Monday-Friday mornings on “KARE11 Sunrise.” That’s the early-to-bed shift! That might be difficult for some young single guys, but Svenny will no doubt make the necessary adjustments.

Jonathan Yuhas is reportedly shifting from “Sunrise” to do what sounds like storm- and weather-chasing for KARE11.com and TV.

Jerrid Sebesta, up-and-coming heartthrob (with wife and child), is replacing Sundgaard on weekends.

It looks as though chief meteorologist Belinda Jensen will mostly likely continue working the days and shows she currently does.

It’s unclear what effect early-morning work hours might have on Sven’s schedule for jogging his sculpted physique around the lakes. But if he’s off weekends, that probably means his fans will have more chances to see him around town.

Minnesota proud

It doesn’t take much to imagine Deshaun Jackson’s maroon and gold Chevy rolling ahead of the U’s band in the July 20 Aquatennial Torchlight Parade.

Jackson’s 1993 Caprice, decorated as a rolling monument to University of Minnesota sports, looks like something a crazed Alabama or Auburn fan might have created. As you can see from my startribune.com/video, crazed is not an emotional gear within Jackson, who seemed like a mighty laid-back fellow during our chance encounter on Friday outside the Mall of America.

Jackson, a warehouse worker, said he bought the car a couple of years ago and has been working on it ever since to bring it to its current level of maroon-and-goldness, achieved within the last couple of months when he topped it off with the flags.

“That’s just crazy,” Jackson said in describing the reaction he usually gets from other motorists.

The vehicle also includes a subtle memorial on the trunk to his brother, Phelandis Jackson, 29, who was killed in a drive-by shooting while standing outside Red Dragon Restaurant and Lounge on June 12, 2010.

C.J. is at 612.332.TIPS or cj@startribune.com. E-mailers, please state a subject — “Hello” doesn’t count. More of her attitude can be seen on FOX 9 Thursday mornings.

Allan Caplan Named one of “Minnesota Lawyer” Attorney of The Year 2010

Published On: March 9th, 2011

Timing is everything.

When Allan Caplan’s client, Deanna Coleman, told him in September 2008 that she was involved in a Ponzi scheme orchestrated by Tom Petters that had swindled investors out of some $3.65 billion, Caplan knew that time was of the essence.

“In lawyers’ careers, oftentimes just by happenstance you get ‘the great case,’” said Caplan. “But you have to know what to do with it once it comes through the door. “If in fact I merit any credit for my involvement in the representation of Deanna Coleman, it was knowing what to do with her case and her best options. I knew there was a small window of opportunity, and once that window closed, her bargaining position would be reduced tremendously.”

Realizing that the scam was “off the charts,” and that the government was completely unaware of it, Caplan brokered a deal whereby Coleman would fully cooperate with the investigation and prosecution of Petters and other conspirators, including wearing a wire. In exchange she would face a lone conspiracy charge carrying a maximum five-year sentence.

“Until [Bernie] Madoff, this was the largest Ponzi scheme in the history of criminality in the United States, and is certainly the largest fraud ever prosecuted in Minnesota,” said Caplan.

On Sept. 2, Coleman was sentenced to a year and a day in a minimum security federal prison — the lowest possible prison sentence that can be meted out, said Caplan. “She was quite satisfied with that, in view of the fact that Tom Petters received a 50-year sentence, and she was number two in the corporate hierarchy.” She additionally forfeited her entire net worth: two condos in Costa Rica, a home in Plymouth, jewelry, investments, etc.

“But Petters’ life is over. Hers isn’t,” said Caplan. “The money wasn’t that important to her. She was a farm girl from western Minnesota. When she got involved with Petters she was in her 20s and it was just a job. She’d never had anything sordid in her past. She took one small step over the line, with the assurance that it would only be temporary. But once you cross the line, it’s difficult to go back.

“Whereas Petters enjoyed all the accoutrements of great wealth, it didn’t mean a lot to her giving it up. She didn’t feel she was entitled to it anyway.” Caplan worked as a prosecutor for six years until founding his firm in 1983. Caplan & Tamburino is now one of the largest criminal defense firms in the Midwest, handling cases all over the country.

—Jane Salem

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Former Minneapolis Money Manager Accused of Fraud

Published On: March 9th, 2011

Wife says she, Jason Beckman, are victims too

Updated: Tuesday, 08 Mar 2011, 12:08 AM CST
Published : Tuesday, 08 Mar 2011, 12:08 AM CST

by Bill Keller / FOX 9 News

MINNEAPOLIS – Federal authorities are accusing a former Minneapolis money manager of stealing millions from investors, but his wife says they are also victims in now-jailed colleague Trevor Cook’s scheme.

Federal regulators are going after Jason “Bo” Beckman, a former colleague of Trevor Cook, who began serving a 25-year sentence for running a Ponzi scheme just six months ago.

Now, investigators are saying that Beckman continued to lure investigators after the Securities and Exchange Commission began investigating Cook.

According to court documents, Beckman raised more than $47 million from investors and then lost all but a little over $8 million in a foreign currency trading program run by Cook.

Beckman and Cook ran their operations out of the Van Dusen Mansion, which is the perfect place to give the appearance of success. Together, they raised tens of millions of dollars, saying they would invest in foreign currency and promising returns of 10-12 percent.

When FOX 9 News went to Beckman’s Plymouth home, he didn’t want to speak, but his wife and co-defendant Hollie Beckman said they too lost millions, and had also invested money from family members.

“My family put in money one month beforehand,” she said. “Is someone trying to tell me that I took money from my own parents?”

The Beckmans are accused of violating a number of SEC rules — including improper pooling of investor funds — and federal authorities are seeking an injunction to prevent any future investing and return of any ill-gotten gains.

Yet, Hollie Beckman said her husband is simply a scapegoat and that they too are victims of Cook’s scheme.

“We believed it was a legitimate program,” Hollie Beckman said.

While the government was investigating cook, Beckman testified that he was never “100 percent comfortable” about being in business with Cook.

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David Risk Quoted in Wall Street Journal Article

Published On: February 25th, 2011

Washington has become the latest state to see a push for a so-called whiskey-plate law to combat drunk driving, a move defense lawyers and civil libertarians say can unfairly stigmatize offenders, and sometimes their families as well.

The law would require first-time drunk drivers to replace their license plates with easy-to-spot tags that end with the uppercase letter “Z,” a signal to police to pay close attention to the car. Minnesota, an early adopter of such a law, uses the letter “W”—hence the term “whiskey plate”—on a plain white background.

Offenders in Washington would be required to display the special plates for three years after their driving privileges are restored. Republican Rep. Norma Smith of Clinton, Wash., who introduced the bill earlier this month, said it would give police another tool to crack down on a dangerous practice.

“The recidivist rate on drunk-driving is extremely high,” she said. “Too many people continue to die these needless deaths.”

The bill won’t come to a vote for several months, but opponents are already making their voices heard.

“There’s just no point to this other than to give someone a Scarlet Letter,” said Matthew Leyba, a criminal-defense lawyer in Seattle. “It’s only going to subject people to more harassment from the police.”

Vanita Gupta, deputy legal director of the American Civil Liberties Union, said whiskey plates were part of a “trend of overcriminalization” in the U.S. “These sorts of laws just create obstacles to offenders getting fresh starts and moving forward with their lives,” she said.

Mothers Against Drunk Driving Chief Executive Kimberly Earle said the organization supports whiskey-plate laws as a “useful tool” for police, but that MADD is more focused on measures it believes have a better track record for preventing drunk driving, such as requiring offenders to pass a car-mounted breathalizer to enable their engine to start.

A handful of other states have adopted similar laws. In Minnesota, certain drunk-driving offenders are required to attach special plates to their car for a year after their driving privileges are restored. An earlier version of the Minnesota law was enacted in 1988. Drunk-driving-related fatalities have fallen steadily since. Jean Ryan, Minnesota’s impaired-driving program coordinator, said that a host of factors were likely involved in that drop, including strengthened enforcement efforts.

Matt Langer, a captain with the Minnesota State Patrol, said that while he had arrested drivers whose cars had whiskey plates on new drunken-driving charges, it was also routine to drive past them, with “nothing to be concerned about.”

David Risk, a criminal lawyer in Minneapolis, said the law could have unwelcome ramifications. He said he had a client whose wife ran a day-care center that owned several vans, all of which were co-registered in his client’s name. After his client’s blood-alcohol test came back with a reading over the legal limit, Mr. Risk said, the Department of Public Safety told the day-care center it had to get whiskey plates for all its vans.

“You can imagine that didn’t do wonders for business,” he said.

Wall Street Journal

Allan Caplan named an Attorney of the Year for 2010 by Minnesota Law & Politics

Published On: February 25th, 2011

Congratulations to Allan Caplan, who was chosen as one of Minnesota Lawyer’s Attorneys of the Year for 2010.  This year’s group of honorees was chosen by the Minnesota Law & Politics’ selection committee based on nominations received from across the state.

Caplan & Tamburino Law Firm Announces new SWI practice specialty

Published On: December 27th, 2008

Minneapolis – With snowy winter weather just around the corner in Minnesota, Caplan & Tamburino Law Firm principal attorney Allan Caplan has announced that the firm is now offering a new SWI practice specialty, defending individuals charged with Snowmobiling While Intoxicated.

If you’re caught operating a snowmobile in the State of Minnesota while under the influence of alcohol, a controlled substance, or other hazardous substance, you may be charged with a DUI or DWI, or what is now referred to as SWI, or Snowmobiling While Intoxicated. SWI convictions are recorded on your driver’s license record and may affect your license privileges.

A principal of Caplan & Tamburino Law Firm, P.A., Allan Caplan spent six years prosecuting major felonies and white collar crimes as an Assistant Hennepin County Attorney During his 32-year career. In 1983, Mr. Caplan formed Caplan & Tamburino Law Firm, P.A., one of the largest criminal defense firms in the Midwest, with six lawyers representing clients in criminal law matters, both locally and nationally. A Minnesota DUI attorney, Mr. Caplan has achieved numerous acquittals and successful results for his clients in every type of case ranging from DWI and DUI to first-degree murder.

The Caplan & Tamburino Law Firm, P.A., recognized as a top criminal defense and Minnesota DUI law firm, has successfully represented numerous clients throughout Minnesota, the Minneapolis St. Paul area, Wisconsin, and the Federal Courts in a wide range of criminal matters.

Attorney Allan Caplan Attains Martindale-Hubbell AV Peer Rating

Published On: September 27th, 2008

Minneapolis - The Caplan & Tamburino Law Firm, P.A., is pleased to announce that Principal Attorney Allan Hart Caplan has once again attained an AV rating with Martindale-Hubbell.

The LexisNexis Martindale-Hubbell Peer Review Ratings have been an integral part of Martindale-Hubbell’s services to the legal community since 1887. The Peer Review Rating Process, which evaluates lawyers in the United States and Canada, is solely based upon peer review. A Martindale-Hubbell Peer Review Rating attests to a lawyer’s legal ability and professional ethics, and reflects the confidential opinions of the Bar and the Judiciary.

The rating attained by Mr. Caplan is the preeminent rating, achievable only after admission to the bar for at least ten years, indicating the highest level of legal ability and ethics. The pinnacle of professional excellence.

“I’m honored to once again receive the AV rating from Martindale-Hubbell” Caplan said. “I will continue to uphold the professional ethics and legal abilities required to maintain this rating.”

A principal of Caplan & Tamburino Law Firm, P.A., Allan Caplan spent six years prosecuting major felonies and white collar crimes as an Assistant Hennepin County Attorney, during his 32-year career. In 1983, Mr. Caplan formed Caplan & Tamburino Law Firm, P.A., one of the largest criminal defense firms in the Midwest, with six lawyers representing clients in criminal law matters, both locally and nationally. A Minnesota DUI attorney, Mr. Caplan has achieved numerous acquittals and successful results for his clients in every type of case ranging from DWI and DUI to first-degree murder.

The Caplan & Tamburino Law Firm, P.A., recognized as a top Minnesota criminal defense Minnesota criminal and Minnesota DUI law firm, has successfully represented numerous clients throughout Minnesota and the Minneapolis St. Paul area in a wide range of criminal matters.