Criminal Defense Attorney in Apollo Beach, Florida? Meet Casey Ebsary! Criminal Attorney in 33572

Are you facing a legal challenge in Apollo Beach, Florida, and need expert legal guidance? Look no further! Casey Ebsary is a Board Certified Criminal Trial Lawyer who is here to help with your legal needs in and around Apollo Beach. His office is conveniently located just a stone’s throw away from the Hillsborough County Courthouse.

Ready to Get Started?

If you’re in need of legal assistance or guidance, don’t hesitate to reach out to Casey Ebsary and his experienced team. They are here to help you navigate your legal journey with expertise and care.

Why Choose Casey Ebsary?

Casey Ebsary is not just any lawyer; he’s a Board Certified Criminal Trial Lawyer. What does that mean? It means he’s exceptionally skilled and experienced in handling criminal cases. Whether you’re dealing with a legal issue or need expert advice, Casey is the professional you want on your side.

Convenient Office Location

Finding Casey’s office is a breeze. It’s situated near the Courthouse, which is just a short drive from Apollo Beach. The best part? They offer free parking, so you won’t have to stress about finding a parking spot. This means you can focus on what’s most important: your legal concerns.

Tell Us Your Story

Your unique situation is important, and Casey Ebsary wants to hear your story. To discuss your legal matters or get the guidance you need, call his team at 813-222-2220. They’re approachable, understanding, and ready to assist you.



When it comes to legal challenges in Apollo Beach, Casey Ebsary is the attorney you can rely on. He’s an expert in handling criminal cases and is dedicated to helping you with your legal needs. Don’t hesitate to reach out to him at 813-222-2220 for support or advice. Casey and his team are here to listen and assist you on your legal journey.

Ready to Get Started?

If you’re in need of legal assistance or guidance, don’t hesitate to reach out to Casey Ebsary and his experienced team. They are here to help you navigate your legal journey with expertise and care.

Structuring Charges, Criminal Law, Currency Transactions, Reporting Requirements, 31 U.S.C. § 5324(a)(3), Jury Instructions, Evidentiary Basis, Intent to Evade, Form 4789, Financial Reporting, Legal Analysis, Case Study, Money Laundering, Jury Deliberations, Legal Implications

Understanding Structuring Charges in Criminal Law: A Case Analysis


In the realm of criminal law, structuring currency transactions to avoid reporting requirements has become a subject of intense scrutiny. A recent case highlights the complexities surrounding such charges, shedding light on the evidentiary standards, jury instructions, and the legal nuances involved. This post delves into the case, analyzing the evidence, jury instructions, and the implications for convictions under 31 U.S.C. § 5324(a)(3).


Secrets Behind Structuring: Don’t Get Caught! ????️ | #Shorts


Let’s talk about structuring under the United States code, an individual who engages in a transaction involving currency and structuring the transaction in an attempt to avoid reporting requirements can be indicted for structuring. By the way that’s United States district court house behind me that’s where you’ll end up if you are indicted for structuring.

Case Background

The case at hand involves a defendant who made a series of cash deposits below $10,000 over a span of seven days, which were intended to fulfill the first payment due on a land-sale contract. Subsequently, the defendant continued to make multiple cash deposits, each below $10,000, over several months to satisfy the second payment. The question before the court was whether these transactions were indicative of structuring intended to evade reporting requirements that are triggered for transactions exceeding $10,000.

Evidentiary Basis for Structuring

The prosecution relied on the pattern of cash deposits to build its case. A total of 22 deposits were made within a week to meet the initial payment, and an additional 38 deposits were made over several months for the second payment. These deposits were consistently kept below the $10,000 threshold. The prosecution argued that this consistent pattern of deposits, each falling just under the reporting threshold, demonstrated a clear intent to evade reporting requirements.


Jury Instructions and Elements of Conviction

The jury instructions in this case were crucial in guiding the jury’s deliberations. The court properly informed the jury of the three elements required to sustain a conviction under 31 U.S.C. § 5324(a)(3):

1. The defendant knowingly engaged in a financial transaction.
2. The transaction involved currency.
3. The defendant structured the transaction with the intent to evade reporting requirements.


Replacing Form 4789 and Intent to Evade

A noteworthy aspect of this case involves the defendant’s alleged intent to evade Form 4789, the currency transaction report that had been replaced at the time of the defendant’s transactions. The defense argued that any reference to Form 4789 was irrelevant since it was no longer in use. However, the court maintained that this did not undermine the soundness of the verdict.

What do the Feds Say about Structuring?

“The definition of structuring, as set forth in 31 CFR 1010.100 (xx) (which was implemented before a USA PATRIOT Act provision extended the prohibition on structuring to geographic targeting orders and BSA recordkeeping requirements), states, “a person structures a transaction if that person, acting alone, or in conjunction with, or on behalf of, other persons, conducts or attempts to conduct one or more transactions in currency in any amount, at one or more financial institutions, on one or more days, in any manner, for the purpose of evading the [CTR filing requirements].” “In any manner” includes, but is not limited to, breaking down a single currency sum exceeding $10,000 into smaller amounts that may be conducted as a series of transactions at or less than $10,000. The transactions need not exceed the $10,000 CTR filing threshold at any one bank on any single day in order to constitute structuring.”

Read More About Federal Structuring Laws Here: 

What About Suspicious Activity Reports SAR?

Suspicious Activity Report Form SAR 6710-06

Suspicious Activity Report Form SAR 6710-06

“In April 1996, a Suspicious Activity Report (SAR) was developed to be used by all banking organizations in the United States. A banking organization is required to file a SAR whenever it detects a known or suspected criminal violation of federal law or a suspicious transaction related to money laundering activity or a violation of the BSA.”

Download Suspicious Activity Report Form SAR6710-06

Read More About Suspicious Activity Reports SAR Here:


The case exemplifies the complexities involved in proving structuring charges in criminal law. The evidentiary trail of consistent cash deposits below $10,000, combined with accurate jury instructions and the recognition of intent to evade, led to a conviction under 31 U.S.C. § 5324(a)(3). This case serves as a reminder that even subtle patterns of behavior can have significant legal implications. As the landscape of financial reporting continues to evolve, courts continue to prioritize the intent behind transactions when assessing structuring charges.

By analyzing this case, we gain insights into the legal considerations that underpin convictions related to structuring currency transactions to avoid reporting requirements. As regulations and circumstances change, the core principles of intent and evidentiary support remain crucial in upholding the integrity of the financial system.

Shocking Incident at Tampa Airport: Vacation Stunt Leads to Arrest!

Tampa Airport Arrest – Want to go to jail in Tampa come on vacation bring a firearm into the air side have the firearm be found by security at the airport the airport gets evacuated and you get arrested Don’t try this at home!

Unbelievable turn of events at Tampa Airport as a daring vacationer’s stunt takes a disastrous turn, resulting in an arrest. Stay informed with expert legal guidance from Remember, safety should always be a priority – never attempt such actions at home or during your travels!

Importance of Criminal Defense Counsel After Airport Weapons Incidents

After incidents involving weapons at Tampa International Airport, the importance of seeking criminal defense counsel cannot be overstated. Navigating the legal aftermath of such incidents requires expertise in both aviation and criminal law. An experienced defense attorney can provide guidance, ensuring your rights are protected and a strong defense strategy is developed. From understanding FAA regulations and Florida statutes to building a case tailored to your situation, legal counsel is essential. They can negotiate with prosecutors, aiming for reduced charges or alternative penalties. Facing weapons charges after an airport incident is a serious matter, and having skilled legal representation can make a significant difference in the outcome of your case.

Weapons Arrests at Tampa International Airport: Ensuring Traveler Safety and Compliance


Tampa International Airport, a bustling hub for travelers, is committed to maintaining the highest standards of safety and security. However, incidents involving weapons at airports continue to raise concerns. This article delves into the issue of weapons arrests at Tampa International Airport, highlighting the importance of adhering to FAA regulations and Florida statutes to ensure traveler safety and compliance.

Unveiling the Challenge of Weapons Arrests at Tampa International Airport

Weapons-related incidents at airports pose a significant challenge to airport authorities and law enforcement agencies. These incidents not only jeopardize the safety of travelers and airport staff but also disrupt airport operations and instill fear among passengers.

FAA Regulations: Stricter Measures for Air Travel Safety

The Federal Aviation Administration (FAA) has implemented stringent regulations to prevent the transportation of weapons and dangerous items onto commercial aircraft. These regulations aim to maintain the security of air travel and prevent potential threats.

Bullet Points on FAA Regulations:

  • The FAA strictly prohibits passengers from carrying firearms, explosives, and other hazardous materials in their carry-on or checked baggage.
  • Passengers with a valid firearm permit may transport firearms in their checked baggage if they are properly declared and securely packaged according to FAA guidelines.
  • Ammunition must also be declared and properly stored in accordance with FAA regulations.
  • Violations of these regulations can result in severe penalties, including fines and potential criminal charges.
  • Citation to FAA Regulations: (FAA Regulations, Title 49, Code of Federal Regulations, Part 1540.111)

Florida Statutes: Legal Framework for Weapons Possession

Florida statutes play a crucial role in shaping the legal framework for weapons possession within the state, including at its airports. Understanding and adhering to these statutes are imperative to avoid legal complications.

Bullet Points on Florida Statutes:

  • Florida law outlines various restrictions on carrying concealed weapons, including firearms, knives, and other dangerous weapons, without proper authorization.
  • Possession of certain weapons, such as firearms, in restricted areas of an airport, can lead to immediate arrest and legal action.
  • Travelers are advised to familiarize themselves with Florida’s concealed carry laws to prevent unintentional violations.
  • Citation to Florida Statutes:
    (Florida Statutes, Chapter 790, Weapons and Firearms)

Ensuring Compliance and Safety: Collaborative Efforts

To address the issue of weapons arrests at Tampa International Airport, a collaborative approach involving airport authorities, law enforcement agencies, and travelers themselves is essential.

Airport Security Measures: Tampa International Airport employs advanced security screening technologies and well-trained personnel to detect prohibited items effectively.
Awareness Campaigns: Regular awareness campaigns, both online and at the airport, educate travelers about prohibited items and the importance of compliance.
Law Enforcement Vigilance: Local law enforcement agencies work closely with airport security to promptly respond to and address weapons-related incidents.

Conclusion: A Safer Journey for All

As the gateway to the world for countless travelers, Tampa International Airport prioritizes the safety and well-being of its passengers. Adhering to FAA regulations and Florida statutes is not only legally mandatory but also crucial for ensuring a safe and seamless travel experience. By working together, passengers, airport authorities, and law enforcement agencies can contribute to making air travel from Tampa International Airport secure and worry-free for everyone.


“Wild Vacation Stunt Gone Wrong at Tampa Airport ???????? #TampaAirportArrest #ArrestedOnVacation #AirportSecurityFail”
Tags: #TravelMishaps #AirportArrest #SafetyFirst #VacationVibes #SecurityAlert

Speak to a Criminal Defense Attorney Near Tampa, Florida 813-222-2220 Video

Lawyer Reacts - 3 Scary Ways Judges Can use AI

3 Scary Ways Florida Judges Can use AI

Lawyer Reacts: 3 Scary Ways Judges Can Use AI

Artificial Intelligence (AI) has revolutionized numerous industries, and the legal system is no exception. Judges now have access to powerful AI tools that can assist them in making crucial decisions. While these technological advancements have their merits, there are some aspects that give lawyers like me pause. Here are three scary ways judges can use AI:

  1. Risk Assessment: Judges can employ AI tools that assess the risk of recidivism or flight risk for defendants. These tools take into account various factors, such as criminal history, personal characteristics, and social environment. While this can aid in bail and parole decisions, there are concerns about the potential biases encoded within the algorithms.
  2. Case Prediction: AI algorithms can analyze vast amounts of past case data to predict the likely outcome of a current case based on similar precedents. This can help judges make more informed decisions, but it also raises concerns about the potential for relying too heavily on past outcomes, potentially overlooking unique aspects of each case.
  3. Sentencing Guidelines: AI can assist judges by providing recommendations for appropriate sentencing based on factors such as the severity of the crime, the defendant’s criminal history, and demographic information. This has the potential to promote consistency in sentencing decisions. However, there are concerns about the fairness and transparency of these algorithms, as they may perpetuate existing biases within the criminal justice system.

AI and the Future of Criminal Justice

While AI has the potential to improve efficiency and consistency in the legal system, it is crucial to tread carefully. Lawyers and judges must ensure that these tools are used ethically and transparently, taking into account the limitations and potential biases of AI algorithms. As a criminal defense lawyer, I believe it is essential to continuously monitor and evaluate the use of AI in the legal system. By staying informed and engaging in discussions about its impact, we can work towards a fair and just implementation of AI in our judicial processes. Artificial Intelligence (AI) has brought significant advancements to the legal system, enabling judges to leverage its power for making informed decisions. However, as a lawyer, I have concerns about certain applications of AI that could have unintended consequences.

3 Scary Ways Judges Can use AI

3 Scary Ways Judges Can use AI

Here are three more scary concerns when judges use AI:

  • Biased Data and Algorithms: AI systems heavily rely on data, and if the data used to train the algorithms is biased, it can perpetuate and amplify existing inequalities within the legal system. Judges must be cautious about the sources and quality of the data used in AI tools to avoid discriminatory outcomes.
  • Lack of Accountability: When AI algorithms are responsible for making decisions, it becomes challenging to hold them accountable for errors or biases. Judges must take an active role in understanding the underlying mechanisms of AI tools and ensure transparency and accountability in their usage.
  • Ethical Dilemmas: AI can face ethical dilemmas where it is difficult to strike the right balance between efficiency and fairness. For example, an AI tool that optimizes for reduced caseloads may prioritize speed over thorough analysis, potentially compromising justice. Judges must be mindful of these ethical challenges and use AI as a supporting tool rather than relying solely on its outputs.


It is crucial for judges, lawyers, and policymakers to work together in establishing guidelines and regulations to address these concerns. Transparency, explainability, and regular audits of AI systems are necessary to ensure they align with legal and ethical standards. As AI continues to evolve, legal professionals must stay updated on the latest developments, engage in ongoing discussions, and advocate for responsible AI practices in the courtroom. By leveraging AI technology thoughtfully, we can enhance the legal system while safeguarding the principles of justice and fairness.


“Artificial Intelligence and Legal Decision-Making” – Journal of International Arbitration Volume 36, Issue 5 (2019) pp. 539 – 573. Available at:

“The Ethics of Artificial Intelligence in Law” – Forthcoming chapter in Oxford Handbook of Ethics of AI, 2020 U of Colorado Law Legal Studies Research Paper No. 19-29. Available at:

How can Judges use AI? – Case Prediction

Video: Case Prediction – How can Judges use AI?

Judges can use AI algorithms to analyze past case data and predict the likely outcome of a current case based on similar precedents, helping them make informed decisions. ORDER in the Court – How can Judges use AI? Case Prediction Case prediction, Judges, AI, Lawyers #CasePrediction #Judges #AI #Lawyers


Enhancing Judicial Predictions: Harnessing AI for Case Outcome Projections



Artificial Intelligence (AI) has transformed various sectors, and its potential to assist judges in predicting the outcome of a case is gaining attention. By leveraging AI technologies, judges can make more informed decisions, enhance efficiency, and promote fairness in the legal system. While human judgment remains essential, AI tools can provide valuable insights and aid in the decision-making process.

Data Analysis and Pattern Recognition:

Judges can utilize AI algorithms to analyze vast amounts of legal data, including court precedents, statutes, and relevant case documents. AI-powered systems can identify patterns and correlations, enabling judges to evaluate the strength of legal arguments and anticipate potential outcomes based on historical data.

Legal Research and Analysis:

AI tools can streamline legal research by swiftly searching through extensive legal databases, identifying relevant cases, and extracting pertinent information. Judges can then utilize this comprehensive analysis to assess the merits of a case, identify potential legal issues, and predict potential outcomes.

Risk Assessment:

AI algorithms can assist judges in evaluating the risk associated with various case factors, such as the credibility of witnesses, the presence of specific legal arguments, or the complexity of the legal issues. By considering multiple variables simultaneously, AI can provide judges with an objective risk assessment, aiding in the prediction of case outcomes.

Supporting Decision-Making:

AI systems can generate predictive models that present judges with possible outcomes based on a range of inputs. These models can be continuously refined and updated to adapt to changing legal dynamics. Judges can use these projections as supplementary information, helping them consider different scenarios and make well-informed decisions.

Ethical Considerations and Human Oversight:

While AI can be a powerful tool, it should not replace human judgment or undermine the principles of justice. Judges must exercise caution in relying solely on AI predictions and instead treat them as valuable resources. Human oversight is crucial to ensure that the use of AI in the legal system remains fair, transparent, and accountable.


The integration of AI in the judicial process has the potential to revolutionize the legal landscape. By leveraging AI algorithms, judges can access a wealth of legal knowledge, identify patterns, and make more accurate predictions about case outcomes. However, it is essential to recognize that AI should be used as an aid to human judgment rather than a substitute for it. As technology continues to advance, judges can harness the power of AI to promote efficiency, enhance fairness, and improve the overall quality of legal decisions.

Tips for Appearing in Court by Telephone or Video, Zoom, or Skype

We use a headset, external microphone, studio lights, and a plain white background. Camera, Lighting, and Microphone for Virtual Court Appearance

Camera, Lighting, and Microphone for Virtual Client Consultations and Virtual Court Appearance

Many hearings are now conducted by Telephone or Video, Zoom, or Skype. Some Florida Courts have strict rules for appearing.

The year 2020 generated a lot of changes for us all. Chief among them are how to appear safely court proceedings. To that end, some Florida courts have initiated formal rules of procedures and electronic hearings. While many courts have not overflow of this, these new Federal rules have some common sense tips that we all can find useful.

Some judges have noted that parties have not dressed appropriately for court. Business casual or a suit and tie seems to be the preference for most judges.

Ask yourself, would someone really expect you to be on a beach in Hawaii

while you are involved in an possibly life changing matter in court?

In addition, some software packages allow for changing backgrounds, make sure in the background is appropriate to the formality of the court. Ask yourself, would someone really expect you to be on a beach in Hawaii while you are involved in an possibly life changing matter in court?

Some judges prefer and some courts prohibit appearing from your vehicle.

Make sure your phone and video connection is stable.

Some courts require only one speaker for each party to speak on behalf of their cause. When you’re not speaking try not to interrupt. Make sure you identify herself each time you speak.

Tips for Appearing

We use a headset, external microphone, studio lights, and a plain white background. Generally, we also use this equipment for our virtual meetings with clients, witnesses, and other lawyers.

Here are the actual rules that for one court that will be in effect starting in early 2021.

Chief United States District Judge, Timothy J. Corrigan encourages litigants to “Please visit the Court’s website for more information about the changes to the Local Rules, including a video presentation (that will qualify for CLE credit) and bullet point summary explaining the changes.”


Florida District Court Rules on Appearing in Court by Telephone or Video, Zoom, or Skype

If a judge conducts a proceeding by telephone or video, a participant:

(1) must dress in professional attire and use a professional background if either is visible,
(2) must use a landline if available,
(3) must designate one speaker for each party or interested person,
(4) must not participate from a vehicle,
(5) must use the mute setting when not speaking,
(6) must try to avoid background noise or other interference,
(7) must wait for the judge to address the participant before speaking and must not interrupt a speaker, and
(8) must start each distinct presentation by saying “this is [name]” or the equivalent.

Immigration and Criminal Defense Consequences

Drugs and Trafficking Crimes, Criminal Conviction, Crimes of Violence, Crimes Involving Moral Turpitude, immigration, ICE, deportation, deport, aliens, Padilla v. Kentucky

Immigration, ICE, Deportation,

Immigration and Criminal Defense

Criminal Convictions, Immigration, ICE, and Deportation

Here is an outline titled “Crimigration: The Marriage of Immigration and Criminal Law.” Friend of the site and author, Terry Christian is a former Immigration Judge and is also Board Certified in Criminal Trial Law. Complete text for download is avaivaible below for Immigation Consequences of Criminal Convictions and Conduct.

In Memoriam: Aug 4, 1952 – Oct 20, 2011 (Age 59) Judge Clifton died a little more than a year after giving this now highly useful seminar and presentation. Terry Clifton Christian was born the son of a coal miner in Welch, West Virginia on August 4, 1952. One of Terry’s signature accomplishments was the honor of being appointed as a Federal Immigration Judge by the Attorney General of the United States in 2003.

Questions about the Immigration Consequences of Criminal Conduct? Call Me Toll Free 1-877-793-9290.


The topics include:

Definition of a Criminal Conviction

Criminal Conduct Incurring Immigration Consequences

A. Crimes Involving Moral Turpitude
B. Crimes of Violence
C. Drugs and Trafficking Crimes
D. Aggravated Felonies
E. Other Crimes and Criminal Conduct Proscribed in the INA

Consequences of Criminal Convictions and Criminal Behavior

A. Inadmissibility
B. Deportability

Motion to Vacate See Padilla v. Kentucky, Case No. 08-651, S.Ct., Argued October 13, 2009-Decided March 31, 2010.)

Order of Vacatur

Complete Document is a Free Download Here.

Special Thanks to guest contributor Terry Christian.

Feds Cannot Bypass Android Security Pattern Screen Lock!


Android, Android Security Screen, Screen Lock

Android, Android Security Screen, Screen Lock

Android Search Warrant


Android Security Pattern

Feds cannot Bypass Android Security Pattern Screen Lock! After too many failed attempts phone is locked. Forensic software apparently cannot read a locked Samsung Android phone. We have just posted the FBI application for the search warrant issued to Google to tell Feds how to retrieve data here: Android Phone Search Warrant

Easy to Bypass Security Screen Lock on iPhone Wired has published a “quick method to circumvent an iPhone’s passcode-protected lock screen: tap the “Emergency Call” button, then enter three pound signs, hit the green Call button and immediately press the Lock button. That simple procedure gives a snoop full access to the Phone app on the iPhone, which contains the address book, voicemail and call history.”

Thanks to Wired Story here:

Search Warrant For a Phone? Call Casey at 813-222-2220

Sample Target Letter | Federal Criminal Case

Target Letter
Target Letter

Target Letter

What is a Target Letter?

In short a target letter is sent to, “a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative federal criminal defendant.” A Federal Criminal Defense Attorney has training in how to respond to such a letter. It is probably best to allow your attorney to respond to the letter. Sometimes the cases are complex and involve defending wire and bank fraud charges. Drug crimes, tax crimes, computer fraud and abuse,  and money laundering are also frequent flyers. These types of investigations are numerous and ongoing in the Middle District of Florida.
Below is the text of a typical target letter sent by Federal Prosecutors prior to seeking indictment of a “target.” A target has been defined as: “a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant.” United States Attorney’s Manual § 9-11.151. Proceed cautiously if you have received one of these letters.

Sample Target Letter:

Re: Grand Jury Investigation, USAO No. 20XXXXXX
Dear Target:
This letter is to advise you that you are now a target of a Federal Grand Jury investigation in this District involving your activities with others related to [Charges and Activities] fraudulent mortgage transactions, in violation of the conspiracy, wire and bank fraud statutes [Statutes Here] (Title 18, United States Code, Sections 371, 1343 and 1344), as well as other possible violations of federal criminal laws. The United States is prepared to proceed before a Federal Grand Jury to seek charges against you.
Should you desire to discuss the matter with us before we proceed to bring formal charges against you, please have your attorney contact Assistant United States Attorney [Name Here] (813) 555-5555, so that we may schedule an appointment. If you do not have an attorney and would still like to discuss the matter, please contact Special Agent [Name] at (813) 555-5555 to arrange an appointment. If we do not hear from you or your attorney on or before [Deadline Date], we shall assume that you do not wish to discuss the matter and will proceed accordingly.



Assistant United States Attorney

If You have received a letter like this, we can fight for you. 
Get advice from an expert – Call 813-222-2220


Is the Lie Detector | Polygraph Admissible in Federal Court?

Lie Detector Polygraph

Judge says OK to Polygraph

Polygraphs & Lie Detectors in Florida Courts

“In law school and on the street everyone knows that lie detectors are not admissible in court. Wrong!”

Polygraph Instrument

A crew member of a ship claimed he did not know drugs were on board the ship. He was indicted in the Middle District of Florida’s Tampa Division. They indict them all, let the jury sort them out indictment charged many aboard with knowing the ship had drugs on board. This is not a rare claim where smugglers tend to minimize the need to know that 10-100 million dollars of cocaine is on board the vessel. Judge says let them use the polygraph. The best way to understand the polygraph case is to read it here.

Federal Criminal Defense Attorney Court Ruling on Polygraph

“the Court finds the polygraph evidence to be admissible at trial to either impeach or corroborate witness testimony”

Update  – Comments from Lead Defense Counsel

“There were three important lessons learned from this experience: 1) it is important to have the testimony of a qualified scientist, such as Dr. David Raskin, to testify in the Daubert hearing as the polygraph examiners are usually not well-versed enough in the scientific studies supporting the technique; 2) using a highly qualified examiner with extensive prior government experience is also critical, and 3) the relevant questions must be simple enough but carefully constructed so the results of the exam are indisputably meaningful.”

“[I]it helped to submit Dr. Raskin’s declaration in advance of the Daubert hearing so that all of the detailed support for the polygraph’s admissibility was on the record in advance, making the actual hearing go much more smoothly.”

Lead Defense Counsel Contact Information is Christophir A. Kerr, 13801, Walsingham Rd.  #A-154, Largo, FL 33774, 727-492- 2551 .

Facts in Federal Drug Case

“Defendant Angulo-Mosquera, a 53-year old deckhand and cook, was indicted on September 4, 2014 in the Middle District of Florida on charges related to the seizure of 1,700 kilograms of cocaine concealed on board a freighter known as the “Hope II” in August 2014. Defendant Angulo-Mosquera is a Colombian national with no known criminal record in any country. He has never before been in the United States. Defendant Angulo-Mosquera denies any knowledge of the drugs found concealed on the Hope II and any involvement of any kind in the illegal drug trade.”

Is the Lie Detector | Polygraph | Admissible in Federal Court?

Yes. A United States District Judge in Florida’s Middle District, Judge Honeywell ruled in this Order that the court would allow admission of a polygraph performed by a former FBI agent on a defendant at trial. The defendant will testify at trial and has passed a pretrial polygraph.  Here are the relevant questions:

1. Did you know those drugs were on that ship before the Coast Guard boarded the ship? Answer: No.

2. Did you know those drugs were on the Hope II before the Coast Guard boarded that
ship? Answer: No.

3. Did you know those drugs were on that ship before the Coast Guard found them in
August? Answer: No.

Polygraph Case Excerpts:

“Defendant Angulo-Mosquera plans to testify in his own defense at trial and requests that the results of the polygraph examination be admitted into evidence to corroborate his testimony. The Government objects arguing that polygraph examinations are just “one step above” junkscience and are “not suitable for juror consumption.” TR at 46:15-24, 49:16-17. The results of the polygraph examination, if admitted at trial, would be presented through expert witness testimony.”

“[T]the Court held an evidentiary hearing to determine the admissibility of the polygraph evidence and expert testimony regarding same, under Federal Rule of Evidence 702 (“Rule 702”) and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). At the hearing, Defendant Angulo-Mosquera presented the testimony of Dr. David C. Raskin, who for 44 years has conducted laboratory and field research on polygraph techniques for the detection of deception, taught university courses about polygraph techniques, trained government and law enforcement polygraph examiners, and published extensively on polygraph techniques, regarding the reliability of polygraph examinations in general and the examination in this case specifically.”

Junk Science Claim

“Defendant Angulo-Mosquera plans to testify in his own defense at trial and requests that the results of the polygraph examination be admitted into evidence to corroborate his testimony. The Government objects arguing that polygraph examinations are just “one step above” junk science and are “not suitable for juror consumption.” TR at 46:15-24, 49:16-17. The results of the polygraph examination, if admitted at trial, would be presented through expert witness testimony.”

“Thus, in determining the admissibility of expert testimony under Rule 702, courts must engage in a rigorous three-part inquiry, determining whether: (1) the expert is qualified to testify competently regarding the matters he intends to address; (2) the methodology by which the expert reaches his conclusions is sufficiently reliable as determined by the sort of inquiry mandated in Daubert; and (3) the testimony assists the trier of fact, through the application of scientific, technical, or specialized expertise, to understand the evidence or to determine a fact in issue.”

“Some factors that bear on this inquiry are: 1) whether the expert’s theories, methods or techniques can be or have been tested; 2) whether the technique, method, or theory has been subject to peer review and publications; 3) whether the known or potential rate of error of the technique when applied is acceptable; and 4) whether the technique, method, or theory has been generally accepted in the scientific community.”

Polygraph Ruling

“Thus, the Court finds the polygraph evidence to be admissible at trial to either impeach or corroborate witness testimony. Further specifics regarding the admission of the polygraph evidence will be determined at the time of trial. Accordingly, it is hereby ORDERED that Defendant’s Motion for an Evidentiary Hearing on Admission of Polygraph Evidence (Doc. 67), construed as a motion to determine the admissibility of the polygraph evidence under Federal Rule of Evidence 702, is GRANTED. The Defendant may present the polygraph evidence, through expert testimony, to corroborate or impeach witness testimony at the trial in this matter.”