Convictions

News & Analysis as of

California Supreme Court Upholds Red Light Camera Conviction

Declines to Adopt Special Authentication Rule and Finds Camera Evidence Not Hearsay - In a case briefed and argued by Best Best & Krieger LLP attorney Kira L. Klatchko, the California Supreme Court held, in a unanimous...more

Lawyers for O.J. Simpson File Latest Appeal to Overturn 2007 Robbery Conviction

In perhaps the most famous murder trial in American history, O.J. Simpson was acquitted of murdering his ex-wife and Ron Goldman in 1995. Today, his lawyer’s claim the notoriety from that infamous trial impeded his right to a...more

Eleventh Circuit Clarifies Loss Amount Calculation for Securities Fraud Sentencing

The US Court of Appeals for the Eleventh Circuit recently vacated and remanded a defendant’s sentence because the US District Court for the Southern District of Florida inappropriately added a sentencing enhancement after...more

First Jail Sentence Under Canada’s Corruption of Foreign Public Officials Act Sends Strong Message to Business Community

Ed. Note-recently it was announced that Canada had made its first Canadian anti-corruption law, the Corruptions of Public Officials Act. I ask John Boscariol, a partner at McCarthy Tétrault LLP if he could explain the...more

Post-Conviction Relief – Why a Guilty Verdict Doesnt Mean the Fight is Over

A guilty verdict at trial seems like the end of what has likely been a long, and difficult process. The period awaiting trial may feel interminable; what happens after is sometimes a longer road with even more unknowns. But...more

Court of Appeal Affirms Marijuana Cultivation Conviction, Narrowly Construing California’s Medical Marijuana Immunities

The Medical Marijuana Program Act (“Act”) provides for limited immunity from state marijuana prohibitions. In People .v Mitchell (April 29, 2014) — Cal. App.4th —, the California Court of Appeal held that the Act’s immunity...more

Criminal Conviction Upheld for Modifying Videogame Console

USA v. Reichert - The U.S. Court of Appeals for the Sixth Circuit recently affirmed a defendant’s criminal conviction under the Digital Millennium Copyright Act for trafficking technology that modifies technological...more

Case Closed: No More Neasham

As reported in previous Expect Focus issues, People v. Neasham involved an insurance agent’s criminal conviction for felony theft in connection with the sale of an annuity to an elderly woman whom prosecutors claimed had...more

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

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

44 Results
|
View per page
Page: of 2