Convictions

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Hot Employment Topics For 2014 Part V: Use Of Arrests And Convictions In The Employment Process

This is the fifth of a seven-part series describing "Hot Employment Topics for 2014." Part V focuses upon "Use of Arrests and Convictions in the Employment Process." One hot topic in 2014 will be the issue of employer...more

Bernstein Shur Business and Commercial Litigation Newsletter #38

We are pleased to present the 38th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent convictions in the Madoff scandal, class action litigation against General Motors...more

Short Wins - The Aggravated Identity Theft, 18 U.S.C. § 1028A, And Stacking Edition

Aggravated identity theft - charged under 1028A - seems like it's getting more and more popular among federal prosecutors. It does come with massive leverage in plea negotiations; a conviction for a violation of 18 U.S.C. §...more

Did You Know…San Francisco “Bans The Box”: Are Your Job Applications Up To Snuff?

San Francisco recently “banned the box” by adopting the Fair Chance Ordinance, which prohibits the popular criminal history check box on employment applications. Last year, the California Legislature passed Senate Bill 530...more

Fourth Circuit Holds That Defendant Can Be Guilty of Criminal Violation of Armed Export Control Act Even Without Specific...

To obtain a felony conviction under the Arms Export Control Act for “willfully” exporting “defense articles” without a license, must the government prove that the defendant knew the items in question were specifically subject...more

Jury Convicts Former Hedge-Fund Manager of Insider Trading

After deliberating for just a single day on December 18, a federal jury found Michael Steinberg, a former SAC Capital portfolio manager, guilty on one count of conspiracy and four counts of insider trading. This case marked...more

Banning the Box From Your Employment Application

As the New Year approaches, you are expecting better economic times ahead and a more profitable year for your business. Jumpstarting your entrepreneurial endeavors by hiring more help seems like the way to go, so you place...more

Immigration Consequences Of A Guilty Plea

When someone who’s not a U.S. citizen is accused of a crime, that person’s immigration status is in jeopardy. A noncitizen can be removed from the United States by deportation or denied entry by inadmissibility....more

Maybe Not Such a Bad Actor – Department of Labor Clarifies Anti-Criminal Rule Under ERISA Rules

The U.S. Department of Labor (the “Department”) on November 1, 2013 issued Advisory Opinion 2013-05A (the “Opinion”) concerning the application of certain anti-criminal provisions under the Employee Retirement Income Security...more

FLSA Investigations Result In Criminal Convictions

A U.S. Labor Department press release serves as a reminder that violations of the federal Fair Labor Standards Act can result in more than just back-wage payments and other civil remedies. ...more

Appealing Your Conviction

A skilled criminal defense attorney makes objections during trial to alert the higher, or appellate court, about potential errors in the record that led to a gross miscarriage of justice in that particular case. If such a...more

Colorado Accounting Department Head Sentenced to Federal Prison for Failing to Pay Over Employment Taxes

Bloomberg BNA reports that a Colorado woman who managed the accounting department of a garage door company she co-owns was sentenced to 28 months for failing to pay $4.67 million in employment taxes (United States v....more

Corporate Criminal Conviction as Corporate Death Sentence? Court Says Companies Can Be Fined into Bankruptcy for Workplace...

On September 4, 2013, the Court of Appeal for Ontario released its decision in the sentence appeal in R. v. Metron Construction Corporation (“Metron”). Government prosecutors had appealed against the C$200,000 fine Metron...more

Death Sentence: Appeal

Conviction of a death penalty offense triggers the appeals process. Understanding the appeals process is essential to knowing what to expect in the years ahead. - If convicted of murder with special circumstances, a...more

Salinas v. Texas: Anything You Don’t Say Might Be Used Against You...

On June 17, the U.S. Supreme Court issued a decision in Salinas v. Texas, 133 S. Ct. 2174 (2013). The defendant, Genovevo Salinas, had voluntarily accompanied police officers to their station for questioning about a double...more

First Trial under the Canadian Corruption of Foreign Public Officials Act Leads to Conviction

Introduction - The Ontario Superior Court recently convicted Nazir Karigar, an agent for Cryptometrics Canada, an Ottawa-based technology company, for agreeing to bribe a foreign public official under the Corruption of...more

Concealing Evidence – What Happens When The Police Lie

Pressure to convict, emotional attachment to cases and an obsession to see justice delivered whatever the costs, can lead to cover-ups and shortcuts in compiling a case against suspected criminals....more

New York Appeals Court Reinstates Poker Conviction

The NY appeals court reinstated a gambling conviction against a man who ran an illegal Texas Hold'em lounge. Originally, the gambling conviction was dismissed, largely based on the argument that poker was a game of skill, and...more

Private Prosecutions - An Often Overlooked Method of Corporate Enforcement in England and Wales

In Ireland, a hotelier has initiated a private prosecution against a current and a former employee of an Irish bank. The hotelier was a director and shareholder of two companies which apparently owed a significant amount to...more

EEOC Taking Flak on Criminal Background Check Agenda

Last week, attorneys general of nine states signed a five page letter addressed to the Equal Employment Opportunity Commission. The letter sharply criticizes the EEOC’s guidance related to employers’ use of criminal...more

Part-Owner Of Company Convicted, Fined Personally Under OHSA

Company owners are not immune from potential convictions and fines under workplace safety laws....more

Conviction-less in Seattle? City Restricts Employer Use of Background Checks

Effective November 1, 2013, Seattle will restrict the use of criminal background checks by employers. ...more

Final SEC Rule Disqualifying Bad Actors From Rule 506 Offerings

The SEC has adopted final rules to implement Section 926 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Section 926 required the SEC to adopt rules that disqualify securities offerings involving certain...more

Andrew Auernheimer Appeals Hacking Conviction

Earlier this week, attorneys for convicted computer hacker Andrew “Weev” Auernheimer filed their opening brief in their appeal to the U.S. Court of Appeals for the Third Circuit to have his conviction overturned....more

Eligibility For Ohio Drug Diversion Programs

Drug-related convictions account for a large percentage of criminal cases in Ohio....more

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