Convictions

News & Analysis as of

Supreme Court Rules that Pennsylvania Justice's Previous Involvement in Case Represented an Impermissible Risk of Bias

In a recent opinion, Williams v. Pennsylvania, --- S.Ct. ----, 2016 WL 3189529 (June 9, 2016), a divided United States Supreme Court held that judges must recuse themselves in cases in which they previously played a...more

Court Upholds Prison for Flea Market Owner for Counterfeiting by Tenants

As trademark and copyright counterfeiting and piracy has grown, courts have become more willing to grant meaningful relief to rights owners and to penalize counterfeiters and those who facilitate their illicit activities. ...more

FCA Enforcement Action Overview

Reed Smith’s Enforcement Action by the FCA 2016 is a useful overview of enforcement action taken by the FCA in 2016. Enforcement action is important in terms of showing where the focus of the regulator is in terms of...more

Supreme Court Says Prosecutors Can’t Judge the Cases They Prosecute

Not all of the justices would put it that way. To be fair to the dissenters, and because his version is shorter, we’ll use Justice Thomas’s description of the underlying facts from his dissent in Williams v. Pennsylvania,...more

Getting Off of Megan’s Law Registration When the Conviction Occurred in New Jersey and the Registrant Lives in Another State –...

There is a new twist in applying for release from the burdensome requirements of Megan’s Law registration and Parole/Community Supervision for Life. When the original Megan’s Law Order is entered in New Jersey and the person...more

Supreme Court Rejects Challenge to the Use of Tribal-Court Convictions as Predicate Offenses in Federal Domestic Violence...

On June 13, 2016, the Supreme Court issued a decision in United States v. Bryant, resolving a circuit split to hold that tribal-court convictions for domestic violence may be used as predicate offenses for the federal felony...more

The Supreme Court - June 2016 #3

The Supreme Court of the United States issued decisions in three cases on June 13, 2016: - Puerto Rico v. Franklin Cal. Tax-Free Trust, No. 15-233: Under the Federal Bankruptcy Code, state bankruptcy laws that enable...more

The Supreme Court - June 2016 #2

The Supreme Court of the United States issued decisions in three cases on June 9, 2016: - Dietz v. Bouldin, No. 15-458: An automobile accident case went to a jury trial in federal district court. Respondent Hillary...more

Court Discusses Slayer Rule in Texas And Affirms Judgment For Bank That Froze Account

Preface to Case: The Texas Constitution states that “[n]o conviction shall work corruption of blood, or forfeiture of estate.” Tex. Const. Art. I § 21 (emphasis added). The Texas Estates Code also states as much. Tex. Est....more

How Have the Courts Dealt with Prop 47?

There’s continuing debate about whether California’s Proposition 47, which decriminalized certain felonies, is responsible for a rise in crimes. But what’s not up for debate is that Prop 47 has been expanded and challenged in...more

The Supreme Court - May 2016 #4

The Supreme Court of the United States issued decisions in three cases on May 31, 2016: Army Corps of Engineers v. Hawkes, No. 15-290: Three mining companies sought a permit under the Clean Water Act seeking to...more

The Inside Scoop: What does Tabernula tell us about the future of criminal insider dealing enforcement in the UK?

The high-profile insider trading prosecution dubbed “Operation Tabernula”, brought by the Financial Conduct Authority (“FCA”), has this month secured two further convictions. After a 12-week trial, Martyn Dodgson and Andrew...more

Feds Renew Focus on Worker Safety and Individual Accountability

Massey Energy CEO Donald Blankenship reported to a California prison on May 12 to begin serving a one-year sentence for willfully violating mine safety standards. His conviction was related to the deadliest United States...more

First FATCA Conviction!

On May 9, 2016, the Department of Justice (DOJ) announced its first FATCA conviction. It appears to be the beginning of criminal prosecutions by the DOJ against apparent or alleged violations of FATCA reporting requirements....more

FCA Obtains Two Criminal Convictions in High-Profile Insider Dealing Trial

The jury in the so-called ‘Tabernula’ (“Little Tavern”) case has on Monday delivered its verdict after a 12-week trial. Two of the five defendants have been convicted, whilst the other three have been acquitted of all...more

Second Circuit: Intent to Harm Is Not Required for Criminal Conviction Under Investment Advisers Act

On May 4, 2016, the U.S. Court of Appeals for the Second Circuit affirmed the fraud conviction of a registered investment adviser and held that proof of intent to harm is not an element of a criminal conviction under section...more

New Pennsylvania Bill Makes Spousal Abuse Victims’ Divorce Process Easier

Recently, Governor Wolf signed a bill into law giving spousal abuse victims in Pennsylvania additional rights when pursuing a divorce. This law will become effective in the middle of June 2016. It has been said that, “this...more

Amendments to the Integrity Regime – A Step in the Right Direction

On April 4, 2016, Public Services and Procurement Canada (PSPC) (formerly known as Public Works and Government Services Canada) made a number of important amendments to the Integrity Regime governing procurement and real...more

The Supreme Court - April 2016 #2

The Supreme Court of the United States issued one decision on April 18, 2016: - Welch v. United States, No. 15-6418: Last term, the Supreme Court, in Johnson v. United States, 576 U.S. __ (2015), held that the residual...more

What To Do When One of Your Employees Is Arrested

It’s a question more employers find themselves asking: “What should I do if one of my employees gets arrested?” Originally published in The HR Specialist - March 2016 issue....more

UK Libor Fraud Supreme Court Appeal Application Blocked

London's Court of Appeal refused leave for Tom Hayes’ application to the UK Supreme Court to appeal his conviction. Mr. Hayes was convicted of eight charges of conspiracy to defraud and initially sentenced to 14 years in...more

Financial Conduct Authority Bans Peter Charles Bottomley from UK Financial Services Industry

The Financial Conduct Authority published a final notice that it had banned Peter Charles Bottomley from the UK financial services industry. Mr. Bottomley was convicted on July 9, 2015 of eight counts of dishonesty and...more

Supreme Court Update: Lockhart V. United States (14-8358), Gobeille V. Liberty Mutual Insurance Co. (14-181)

Who could have imagined a month ago that our summary of Justice Scalia's dissent in Montgomery v. Alabama (14-280) would be our last opportunity to analyze an opinion from the Justice who, alongside Jackson and Holmes, will...more

Sweett Sentence Provides Guidance for DPAs

After its guilty plea to an offence under the UK Bribery Act, Sweett Group PLC was sentenced on February 19, 2016 at Southwark Crown Court, and ordered to pay a total £2.25 million penalty for the offence. The international...more

“Ban the Box” Bill Would Also Protect Felons From Discrimination

As the General Assembly session heats up, several legislators are calling for passage of the so-called “Ban the Box” legislation. Versions of this have been floated for years, but one legislator called this year’s bill...more

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