Category Archives: Attorney Carlos A. Gamino

Weird Crime: 2020 Edition

01 Saturday Aug 2020

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Weird Crime in the U.S. - Carlos Gamino By Carlos Gamino

Every now and then we like to pick up oddball news stories related to crime from across the world, and for 2020 – which is already weird as it is – we’ve uncovered a whole host of almost-unbelievable true crimes, including a couple who faked a woman’s death to keep her out of prison and a 5-year-old boy who wanted to buy a Lamborghini.

West Virginia Couple Fakes Woman’s Death

A West Virginia woman, with the help of her husband and son, attempted to fake her own death so she could avoid prison time. The woman went “missing” on May 31, when her fraud-committing family members said she fell off a cliff while searching for a missing earring. Search and rescue crews, including one from the National Park Service, scoured the area… until she turned up in her home a few days later.

Boy, 11 Years Shy of Getting Driver’s License, Takes Family Car on a Road Trip to Buy a Lamborghini

An Ogden, Utah 5-year-old hopped behind the wheel of his family’s SUV and embarked on a road trip to California to buy a Lamborghini because his mother wouldn’t buy him one. Utah Highway Patrol clocked him on the expressway doing 32 miles per hour, so officers believed the driver was drunk or having a medical emergency and pulled the car over. Surprisingly, the boy was fine – but he only had $3 in his wallet, so if the police hadn’t stopped him, he probably still wouldn’t have been able to get the car of his dreams. The boy isn’t going to face joyriding charges, but he did say, “The police told me I drive good.”

Polite Minnesotan Thief Leaves Thank-You Note

Porch pirates are everywhere, but they usually take your stuff and run. That wasn’t the case with a polite Midwesterner (they raise us right out here) who left a thank-you note in place of a package he or she stole from someone’s porch. The note, scrawled on notebook paper, read, “So just a quick little thank you for leaving me the opportunity of stealing your package. Very nice of you. Thank you.” It was signed “The new owner of your package.”

What Are Your Weirdest Crime Stories for 2020?

I’d love to read your favorite weird crime stories from this already-odd year, so please share a link on my Facebook page or Twitter feed to join the conversation!

Carlos Gamino

Coronavirus in Wisconsin – What You Need to Know

10 Sunday May 2020

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Coronavirus in WisconsinBy Attorney Carlos Gamino

Coronavirus moved across Wisconsin in mid-March with more than 30 cases of COVID-19 – and one patient has made a full recovery – but what does the CDC say, and are schools scheduled to close?

Coronavirus in Wisconsin: What You Need to Know

Governor Tony Evers has ordered all public and private schools to close by Wednesday, March 18, and that order will remain in effect until at least April 6. Naturally, the schools may remain closed longer, depending on what happens next with coronavirus – an illness scientists are still scrambling to learn about.

The CDC is suggesting that all gatherings larger than 50 people should be postponed, as well. That includes business conferences, festivals and concerts, and other get-togethers. Many cities cancelled St. Patrick’s Day celebrations (including New York, which cancelled its parade for the first time in more than 250 years).

Should you stay home, though?

The CDC says in general, yes. People should stay home whenever possible and avoid going to places like stores, restaurants and other locations where people you don’t know gather. (You can monitor coronavirus cases here.)

Coronavirus Symptoms

If you’re experiencing symptoms that could be related to coronavirus, the CDC is advising you to stay at home and call your primary care doctor. Don’t go to an emergency room unless you’re having difficulty breathing or facing other complications, because you could infect others who are there for other types of treatment.

These are the most common symptoms of coronavirus:

  • Fever
  • Cough
  • Shortness of breath

You need emergency medical attention if you have:

  • Difficulty breathing or shortness of breath
  • Persistent pain or pressure in your chest
  • New confusion or inability to arouse
  • Bluish lips or face

What Do You Think?

Are you staying home to prevent the spread of coronavirus and protect yourself (and others)? What do you think of the way Wisconsin is handling the pandemic, such as by closing schools? Are our officials doing things right or wrong? I’d love to hear your thoughts, so please share them on my Facebook page or Twitter feed.

Carlos Gamino

 

Toxic Algae Blooms May Be Worse Than We Thought, Scientists Say

18 Friday Oct 2019

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Toxic Algae Blooms May Be Worse Than We Thought, Scientists Say - Carlos GaminoBy Carlos Gamino

Potentially toxic algae blooms in freshwater lakes all over the world – including many in Wisconsin – have become much more intense over the past 30 years. Even worse, rising temperatures make it harder for lakes to bounce back, paving the way for more toxic blooms and creating a cycle that’s going to be difficult to get out of.

The Wisconsin DNR advises people not to swim during a blue-green algae bloom, which can cause illness or death in people and pets. Some of the symptoms of toxicity from these blooms include stomach cramps, diarrhea, vomiting, muscle weakness and difficulty breathing – and those carry over to pets, as well.

Blue-green algae, a form of Cyanobacteria, is basically what you call “pond scum.” It doesn’t have to be blue-green, either. It’s been recorded as blue, green, reddish-purple and brown, as well. This type of bacteria grows well in lakes, ponds and slow-moving streams, especially when the water is warm. It grows quickly, creating floating mats of algae. Usually, these blooms occur between mid-June and late September in Wisconsin, but as temperatures rise, we’re likely to see them earlier and later in the year.

These toxic blooms aren’t confined to Wisconsin. They’re becoming more widespread all over the world, putting hundreds of aquatic species (as well as humans and other animals) in danger. The booms cost the U.S. about $4 billion annually because they damage drinking water, agriculture and the tourism industry.

What Do You Think?

Have you seen a blue-green algae bloom in a lake or pond near your house? Please feel free to share your photos with us on social media so others know what to look for – and share your thoughts about these toxic blooms on my Facebook page or chime in on Twitter.

Carlos Gamino

When Police Push the Envelope

23 Tuesday Jun 2015

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When Police Push the Envelope - Carlos GaminoBy Carlos Gamino

It’s generally accepted wisdom that if you don’t break the law, you don’t have anything to worry about. But what happens when people get into a he-said, she-said situation with police?

Police are sworn officers of the law, so it’s not surprising that what they say carries a little more weight than what an accused criminal says. However, with organizations such as the American Civil Liberties Union and a handful of others making it easier to record police encounters, the fires of suspicion are continually being stoked. (The ACLU launched a “Mobile Justice” app for smartphones that live-streams encounters to their database; if people want to retrieve them for evidence later, they simply request them through the organization.)

It really seems like there’s a genuine distrust of police sweeping the nation. Most police don’t deserve it.

Maybe it’s due to the fact that every confrontation between police and civilians makes it on the 6 o’clock news and spreads around Facebook like wildfire.

The story of a Texas officer knocking out a woman in front of her 6-year-old daughter in April, for example, has thousands of “Likes” and comments, as does video of a police officer punching a woman who, at the time, was 9 months pregnant.

There’s no doubt that these officers may have reacted the wrong way to the situations they were in; I don’t think anyone would dispute that. However, the rate of distrust is growing.

Experts aren’t sure what we should do. We have police hosting “Coffee with a Cop” events and this incredibly amazing day that police spent one day before Christmas. While these things do a little, they’re not solving the problem – and at this point, nobody has the right answers.

How would you change public perception of police, or do you think it doesn’t need to be changed? I’d love to hear what you think, and it’s a discussion we all need to have. Share your thoughts on my Facebook page and let everyone know what you think!

Carlos Gamino

Can Lawyers Be Suspended?

04 Monday May 2015

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Can Lawyers Be Suspended - Carlos GaminoBy Carlos Gamino, Wisconsin Lawyer

When a lawyer behaves badly, either as a lawyer or as a citizen, he or she can be prevented from practicing law in a particular court by being disbarred (which is often permanent) or suspended. Suspensions can last for days or years, depending on the court and the misconduct the lawyer committed.

Ways a Lawyer Can Be Suspended

Within the United States, the rules around suspending a lawyer from practice vary from court to court. The process varies somewhat, too.

Infractions that lead to suspension range from sexual assault to being nasty and unprofessional toward other lawyers, and from violation of confidentiality to being minutes late with paperwork. Stealing or “misappropriating” clients’ money comes up in a number of cases.

In Wisconsin, these types of cases are heard by the Office of Lawyer Regulation.

Generally speaking, the Office of Lawyer Regulation investigates allegations of bad lawyer behavior and makes the decision whether they should dismiss the case or give the attorney involved a reprimand. In some cases, they’ll hold hearings just as they would in any other court proceeding.

Notable Recent Suspension Cases

In a recent case, Kenneth Jay Warren, a lawyer in Ohio, was suspended pending further action after he was convicted of felony sexual assault.

Texas capital defense lawyer David Dow was suspended for a year after two instances of filing paperwork late, which can be considered contempt of court. In this case, the court that suspended him is being called out for possibly overstepping its authority.

Larry J. Feldman was suspended from practicing law in Maryland after his 19-year-old client, Isiah Callaway, was murdered. According to the courts, Feldman violated the state’s rules of professional conduct with a breech of confidentiality that led to Callaway’s death.

For deliberately causing delays to a court proceeding, lying to the court and ignoring a subpoena, Rhode Island’s Keven A. McKenna had his license to practice law suspended for one year by the Maryland Supreme Court.

So yes, lawyers can be suspended. Because we’re tasked with ensuring fairness, the protection of legal rights and several other responsibilities, we’re held to strict standards. From the Office of Lawyer Regulation to the Wisconsin Supreme Court, there are always checkpoints of accountability for attorneys in Wisconsin.

Are we tough enough on lawyers when it comes to suspensions and disbarment? Let me know what you think here or on the Carlos Gamino Facebook page.

Carlos Gamino, Wisconsin Attorney

 

Can the Government Listen In on Your Phone Calls?

27 Monday Apr 2015

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Can the Government Listen in on Your Phone Calls - by Carlos GaminoCarlos Gamino, a criminal defense lawyer in Milwaukee, is always interested in privacy laws. Here’s his take on whether the government can—or should—listen in on your phone calls.

 Your phone calls are your own private business. That is, until the government has a reason to listen in. Wiretapping and accessing call records are accepted practices that have been going on for decades. With court approval, the government and police can request cooperation from phone companies to listen in on your conversations.

In fact, a 2014 report from Vodafone, one of the world’s largest cellular companies, revealed that government snooping into phone networks happens extensively all across the globe. This may come as a surprise, but according to Vodafone, many countries even demand direct access into Vodafone’s networks without providing a warrant or prior notice. The report included all of the 29 countries across Europe, Africa and Asia in which Vodafone operates.

Recently, however, the U.S. and the United Kingdom have been accused of taking things one step farther. They’re accused of hacking Dutch SIM card manufacturer Gemalto’s private data and stealing the encryption keys that secure communications between mobile phones and cell towers. These keys allow snoopers to decode phone conversations and text messages.

With the attack, the hackers—whomever they ultimately prove to be—hit the motherlode. Gemalto operates in 85 countries and fabricates about 2 billion SIM cards each year across 40 manufacturing facilities.

To put the scale of the incident into greater perspective, the SIM card hack gives its perpetrators the ability to monitor a significant portion of the world’s voice and data cellular communications… and they can do it all secretly. That access spans across major telecom networks, including some of America’s largest like Verizon, AT&T, Sprint and T-Mobile, and approximately 450 other wireless providers around the globe—all clients of Gemalto.

The hack is likely to involve many American consumers since nearly 90 percent of U.S. households use wireless service and 39 percent of them are wireless-only, according to 2013 data reported by international non-profit wireless communications organization CTIA.

While many countries put a heavy emphasis on their citizens’ privacy, governments around the world have become increasingly vigilant against terrorism and other potential threats. In many cases, they view wiretapping as a mechanism necessary to help ensure the safety and well-being of their people.

What do you think? If the U.S. and the United Kingdom really are guilty of hacking Gemalto, were they justified in doing so in the name of national security?

What do you do to protect your own privacy? I’d love to hear your opinions, so please, drop by my Facebook page and let me know.

Carlos Gamino

 

Is Your Data Safe?

16 Monday Mar 2015

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Is Your Data Safe– By Carlos Gamino, Milwaukee Attorney

There have been a lot of reports of stolen data all over the world, and the latest attack involved hackers pirating millions of dollars from well-known banks. In fact, the web security experts at Kaspersky called the most recent theft “the most successful criminal cyber campaign we have ever seen.”

The hackers used phishing scams on bank employees, installing malicious software right on bank computers through email. Hundreds of machines were infected with the malware, which allowed the hackers to record keystrokes and a system administrator’s screen. From there, they transferred huge amounts of money from banks all over the globe. They also sent signals to ATM machines to start dispensing money at specific times, sending couriers out to collect the cash.

So what does this mean to you?

You don’t have to rush to change all of your passwords, but you do have to take the appropriate precautions. (Changing your passwords won’t hurt, either.) What’s more important is protecting yourself from this moment forward—because hackers don’t just take from the “big guys.”

Most banks now offer temporary credit card numbers that you can use when you shop online. The numbers are good for a limited amount of time, and they’re only valid for one transaction. This system lets you continue to shop online without giving your credit card number to anyone else, including stores you trust.

Target was hacked in October 2014, and Amazon was hit in December. Neiman Marcus, Home Depot and even Xbox Live accounts weren’t immune. That means anywhere you’ve used a credit card is potentially an unsafe place for your data, which hackers can use for identity theft or to rack up massive debt that you’ll eventually have to deal with.

What do you do to keep your data safe? Do you avoid shopping online, or do you have an easy trick that you can share with the rest of us? Add your comment below or head over to my Facebook page to join the discussion!

– Carlos Gamino

Brian Williams – Should He Face Legal Consequences

09 Monday Mar 2015

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Brian Williams - Should He Face Legal ConsequencesBy Carlos Gamino, Milwaukee criminal defense lawyer

By now we’ve all heard about Brian Williams, the former NBC News reporter who exaggerated his claims about his time in war-torn Iraq. He says he took a leave of absence to “adequately deal with the issue,” but a statement from Deborah Turness, the president of NBC News says otherwise.

“We have decided today to suspend Brian Williams as Managing Editor and Anchor of NBC Nightly News for six months. The suspension will be without pay and is effective immediately. We let Brian know of our decision earlier today,” read the memo.

Williams has admitted to making false statements about being shot down in an Army Chinook helicopter during a 2003 tour.

His whole career is under the microscope now, including his coverage of Hurricane Katrina in 2005.

Twitter nearly exploded with Brian Williams memes under the hashtags #BrianWilliamsMisremembers and #BrianWilliamsWarStories.

While it’s unlikely that he’ll face any legal consequences—is there really anything to accuse him of?—he has probably effectively ended his career as one of America’s most well known reporters.

And this brings up a very valid point: the three major news media outlets regularly get their facts wrong, and it’s not always accidental. Only about 10 percent of the things you hear on NBC News are fully true, and just 11 percent are completely true on FOX. CNN doesn’t fare much better, with only 18 percent of their “facts” ringing true.

Should we forgive Brian Williams for embellishing his war stories? Should he ever report the news again, or would he be better off starting an opinion column in the New York Times? I’d love to hear your opinion, so let me know in the comments section or head over to my Facebook page to join the discussion.

Carlos Gamino

How Oklahoma is Shaping the Fight on the Death Penalty

02 Monday Mar 2015

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How Oklahoma is Shaping the Fight on the Death Penalty - Carlos GaminoCarlos Gamino is a criminal defense lawyer in Wisconsin, where the death penalty is not an option for jurors (capital punishment has been outlawed here for more than 160 years). However, he keeps an eye on what happens in other states—particularly when it has to do with criminal law.

Oklahoma is at the forefront of the debate when it comes to executing inmates, and for good reason—they made national news for the tragically botched execution of Clayton Lockett, and they issued a 9-month stay on all executions in the state that was only lifted on January 14.

The investigation after Lockett’s execution revealed that an IV line had failed, and that the deadly cocktail of drugs was administered locally, rather than into Lockett’s bloodstream.

Lockett died from a heart attack, not the drugs, which has caused a huge uptick in death row inmates’ requests for clemency; critics say that what the state uses—a drug called midazolam—isn’t sufficient to cause coma-like unconsciousness before the paralytic and deadly drugs are administered.

Oklahoma, as well as several other states, use midazolam because many drug manufacturers refuse to sell more effective drugs to be used for executions. Whether that’s for public-relations purposes or it’s because of moral objections, we can’t be sure; we only know that now, states that want to execute people by lethal injection must get their non-FDA-approved drugs from a compounding pharmacy.

No matter which side each of us stands on in the death penalty debate, none of us wants to see an execution botched so badly as Lockett’s. (There were two executions that went horribly awry in Arizona and in Ohio just before Lockett’s, as well.)

The Supreme Court ruled, in Baze v. Rees, that administering a paralytic drug and potassium chloride to someone who is not “deeply unconscious” is unconstitutional, and now they’re set to decide on midazolam—a debate that wouldn’t have begun had Oklahoma not executed Lockett.

As a side note, Oklahoma used one-fifth the amount of midazolam than other states use.

What are your thoughts? We’d love to hear what you think. Head over to my Facebook page and leave a comment.

Carlos Gamino

Wisconsin’s Purge Hoax Revisited

24 Friday Oct 2014

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Wisconsin's Purge Hoax Revisited - Attorney Carlos A. GaminoAttorney Carlos A. Gamiño is a movie buff, and as such, finds it incredibly interesting when movies inspire real-life events. Good events, that is, like people being inspired by Pay it Forward… Not so with The Purge, which scared the daylights out of moviegoers and inspired hoaxes all over the country. Here’s a lawyer’s perspective.

The Purge. A scary movie with so-so acting… and one that inspired real-life terror in many communities across the country.

If you haven’t seen The Purge yet, read some of the 2013 horror’s reviews before you part with your hard-earned money. Here’s a synopsis:

Everything illegal, including robbery and murder, is legal for a 12-hour period in this futuristic flick. It follows one family through a terrifying night where neighbors become enemies until dawn – and then, suddenly, everyone forgives and forgets.

What one high schooler started in Louisville, Kentucky started in August had some Wisconsin residents locking up and battening down the hatches a few weeks later, though. An internet hoax claiming that people would be having their own citizen-style purge—without the consent of local law enforcement, of course—on a particular night and starting at a particular time.

The rumor made its way to Milwaukee by the end of August, and Appleton, Fond du Lac, Green Bay and Madison were supposed to be in on it, too.

While starting a hoax like this isn’t illegal, and nothing actually happened in Wisconsin, similar hoaxes did cause a 20 percent rise in calls to police in Louisville. Police there said that people who posted threatening messages on social media sites such as Twitter and Facebook could face criminal charges.

What do you think of hoaxes that really instill fear in peaceful communities? Are you concerned that some people will take them seriously, or do you brush them off as childish pranks that don’t deserve any attention… and what are we going to do about the hoaxes that will almost certainly circle the sequel, which is headed for video now? I’m interested in your take, so please leave comments below.

Attorney Carlos A. Gamiño