Matthew G. Kaiser

Matthew G. Kaiser

The Kaiser Law Firm PLLC

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Short Wins - Last Post Of The Year Edition

It's generally a slow time of year between Christmas and New Year's, but the federal circuits have been busy. But who wouldn't want to start the year with a remand in a criminal case (other than the government)?...more

12/30/2013 - CPO Driver's Licenses Evidence Evidence Suppression Fraud Search Warrant Warrantless Searches

Short Wins - Fourth Of July Week Edition

Today's featured case is United States v. Hampton for a few reasons....more

7/8/2013 - Evidence Evidence Suppression Law Enforcement Testimony

Short Wins - Missing Evidence, Medicare Fraud, And How Normal People React To Federal Prosecutions

There was only one published criminal case in the federal circuits last week where the defendant won. It's a good case on jury instructions for missing evidence, and the short write up is below....more

5/14/2013 - Evidence Federal Prosecutors Fraud Healthcare Fraud Medicare

Indian Tribal Documents Are Not Documents From The Federal Government Even When The Federal Government Wants Them To Be

My grandmother was part Cherokee. I am, I understand, something around one sixty-fourth Cherokee. And, I understand, for years my grandmother's family tried to hide their Indian status....more

3/25/2013 - Evidence Native American Issues Self-Authentication Tribal Governments

Short Wins - It's A Relatively Good Week For The Constitution

It's a good week in the federal circuits for folks accused of a crime. Instead of the all-too-common diet of sentencing remands, there are some nice wins on our rights against unreasonable searches and seizures and...more

3/5/2013 - Child Pornography Evidence Ineffective Assistance of Counsel Restitution Search & Seizure Sentencing Enhancements

Short Wins - If The Circuits Are Only Going To Give One Victory To A Defendant In A Week, This Is A Pretty Good One

Perhaps our nation's circuit court judges took it easy last week because of the inauguration, or Martin Luther King Jr. Day, but there's only one case where a defendant won in a published opinion in a federal appellate court....more

1/28/2013 - Evidence Misappropriation

The First Circuit On Police Providing Information To Drug Dealers - You're Only In A Federal Drug Conspiracy If You Know It's A...

It seems that Rolando Ramos was a marijuana dealer. I say that because the police had him on a wire doing drug deals, found marijuana in his house when they executed a search warrant, and because he pled guilty to being...more

1/14/2013 - Conspiracies Drug Distribution Evidence Marijuana Police Search Warrant

The Second Circuit Reverses A Conviction For Tax Evasion Based On Insufficient Evidence

Five partners at Ernst & Young - Robert Coplan, Martin Nissenbaum, Richard Shapiro, and Brian Vaughn, and Charles Bolton - were charged with a number of tax crimes in federal court in New York, specifically tax evasion,...more

12/28/2012 - Appeals Conspiracies Evidence IRS Reversible Error Tax Evasion

The Second Circuit Reverses A Conviction For Tax Evasion Based On Insufficient Evidence

Five partners at Ernst & Young - Robert Coplan, Martin Nissenbaum, Richard Shapiro, and Brian Vaughn, and Charles Bolton - were charged with a number of tax crimes in federal court in New York, specifically tax evasion,...more

12/28/2012 - Appeals Conspiracies Evidence IRS Reversible Error Tax Evasion

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