Criminal Prosecution

Indian American Neurosurgeon Sentenced to Probation for Unreported Offshore Bank Accounts

by Jay Nanavati | BakerHostetler on 5/21/2013

On February 1, 2013, the U.S. District Court for the Eastern District of Wisconsin sentenced Arvind Ahuja, a Milwaukee neurosurgeon, to serve three years of probation and to pay a fine of $350,000 following his conviction by...more

Appeals Court Strikes Fraud Sentence for Lack of Proof by Government

by Jeff Ifrah on 5/21/2013

The U.S. Court of Appeals for the 11th Circuit recently ruled on an issue lying at the intersection of fraud conspiracies and the U.S. Sentencing Guidelines: the government’s separate burden of proof against each co-defendant...more

What Happens When Big Data and Scientific Approach Meet Criminal Justice?

by Jeff Ifrah on 5/21/2013

A Houston couple is giving an estimated $4 billion in the next few years to try to solve some of the nation’s social problems by the application of careful thought and statistical analysis – and the criminal justice system is...more

Short Wins - The Fair Sentencing Act And The New York Times On Brady And Criminal Discovery

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 5/20/2013

There was only one win in the federal circuits last week, but United States v. Blewett was a whopper - the Sixth Circuit held that the Fair Sentencing Act applies retroactively to people sentenced before it took effect. ...more

DOJ Files First Criminal Action On CFPB Referral, CFPB Files Parallel Civil Suit

by BuckleySandler LLP on 5/17/2013

On May 7, the U.S. Attorney for the Southern District of New York announced mail and wire fraud charges against a debt settlement firm, its owner, and three of its employees. ...more

More Enron Fallout: Skilling and DOJ Enter Agreement to Reduce Sentence

by Jeff Ifrah on 5/9/2013

Former Enron executive Jeffrey Skilling reportedly has negotiated a deal with federal prosecutors that is likely to result in a significant reduction of the prison sentence he will serve for his role in the collapse of Enron....more

CFPB Criminal Referral

by John Carney, Dennis O. Cohen, George Stamboulidis | BakerHostetler on 5/9/2013

In what he called "a harbinger of an especially potent partnership," Preet Bharara, U.S. Attorney for the Southern District of New York, announced Tuesday the filing of criminal charges against a New York debt settlement firm...more

Could Casey Anthony Be Tried Again for Murder?

by Aaron Kase | Lawyers.com on 5/9/2013

Casey Anthony should have been convicted of murder, her trial judge said this week. Anthony was acquitted in 2011 for the killing of her 2-year-old daughter, Caylee. Caylee’s corpse was found in a trash bag in the...more

DOJ Announces Changes to Antitrust Division’s “Carve Out” Practice

by Erik Raven-Hansen | BakerHostetler on 5/7/2013

On April 12, 2013, the Department of Justice announced changes to the Antitrust Division’s carve out practices concerning negotiations with companies that plead guilty to criminal antitrust violations. These changes were...more

Liability Insurers May Have Duty to Defend Against Federal Prosecutions, California Court of Appeal Holds

by James Hazlehurst | Barger & Wolen on 5/7/2013

The Second Appellate District of California held on May 1 in Mt. Hawley Ins. Co. v. Lopez that California Insurance Code section 533.5(b) does not eliminate a liability insurer’s duty to defend against a federal prosecution...more

HM Revenue & Customs - Tax Evasion Enforcement

by Jonah Anderson, Caroline Black, Neil Gerrard, Jonathan Pickworth, Duncan Wiggetts | Dechert LLP on 5/7/2013

There has been much publicity regarding tax avoidance of late in the UK. In the age of austerity, tax avoidance by companies is scruitnised by the press and is a hot topic with the public....more

Eyewitness Testimony Is Not Always Very Reliable

by Law Offices of Karl E. Knudsen on 5/3/2013

Sheree Josephson offers some hope to North Carolinians who have been wrongfully accused of a crime — Josephson recently released a study that indicates eyewitness accounts are notoriously unreliable. The professor from Weber...more

Mistaken Memory — Mistaken Result

by Raiser & Kenniff, PC on 4/30/2013

Eyewitnesses are a fundamental component of crime investigation. Whether from bystanders or victims, information presented by witnesses often provides the first lead — or the first distraction — of a criminal investigation....more

How To Fight False Criminal Charges

by Aaron Kase | Lawyers.com on 4/29/2013

The Elvis impersonator could breath a sigh of relief. After he was arrested last week for suspicion of mailing ricin poison to several public officials, Paul Kevin Curtis was cleared of all charges Tuesday....more

Latest U.S. Efforts to Prosecute Trade Secret Theft Hit a Few Snags

by Jeff Ifrah on 4/24/2013

Earlier this year, the Department of Justice announced an initiative to step up its enforcement of trade secret theft. In a February 20 press conference, Attorney General Eric Holder announced that the Obama administration...more

Years Later, PCA Employees Indicted

by Steve Kluting | Varnum LLP on 4/15/2013

I had the following email exchange earlier this year with a concerned client: Client (in late January 2013): "Hi Steve, I was wondering if you knew of any cases where employees were prosecuted for not following...more

Defending Your Life – Part 1

by Yavitch & Palmer Co., L.P.A. on 4/12/2013

Everyone knows generally what self defense is. We should be able to defend ourselves against an attack. And if that means deadly force, so be it. After all, if it’s them or me, I’d rather it be them. But not everyone really...more

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - March 29, 2013

by BuckleySandler LLP on 3/29/2013

In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - MISCELLANY - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - SECURITIES - CREDIT CARDS - PAYMENTS -...more

BB&K Police Chief Bulletin: Involuntary Confession - Involuntary Confession Induced by False Promise of Leniency Inadmissible

by Paul A. Cappitelli, G. Ross Trindle III | Best Best & Krieger LLP on 3/27/2013

Overview: A California appellate court recently ruled that an involuntary confession motivated by an officer’s false promises of leniency was not admissible at trial. During the interrogation, the officer repeatedly asserted...more

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