Criminal Prosecution

News & Analysis as of

Pay the Piper: Restitution Payment to Victims Does Not Offset Mandatory Forfeiture to Government

In United States v. Bodouva, 16-3937 (March 22, 2017) (Katzmann, C.J., Pooler and Lynch, J.), the Court held in a per curiam order that a defendant convicted of embezzlement must forfeit the full amount of her illicit gains...more

Third Circuit Holds Criminal Defendant in Contempt for Refusing to Decrypt Hard Drives

In a precedential ruling, the Third Circuit Court of Appeals this week upheld a lower court’s ruling holding a criminal defendant in contempt for refusing to decrypt two external hard drives that were seized during a child...more

Pension May be Collapsed in the Face of an Admitted Fraud

In the recent decision of Alberta Motor Association v. Gladden, 2017 ABQB 174, the Alberta Court of Queen’s Bench clarified the limits to which employer-sponsored pension benefits will be immunized from enforcement...more

JSH Attorneys Prevail on False Arrest Case Against City of Yuma Police Sergeant

Jones, Skelton & Hochuli attorneys Don Myles, Michele Molinario and Amelia Esber prevail on summary judgment in a 42 U.S.C. § 1983 civil rights action for false arrest against a City of Yuma Police Sergeant. The case involved...more

Financial Services Report - Spring 2017

EDITOR’S NOTE - In like a lion, out like a lamb—it works for weather; does it work for new administrations? We’ll have to wait and see. We’ll have to wait and see about the length of CFPB Director Richard Cordray’s...more

This Week In Securities Litigation

The Commission brought two insider trading cases this week, one which is being litigated and another that settled prior to filing. The agency also brought a financial fraud action against five firm executives who essentially...more

This Is Not Fine: Circuit Vacates Fine Imposed on Unable-to-Pay Defendant, Citing Lack of Reasoning or Evidence for Judge’s...

In a summary order issued March 7, 2017, United States v. Marmilev, 14-4738 (Leval, Calabresi, and Carney), the Circuit vacated and remanded the portion of the defendant’s sentence imposing a $250,000 fine after the defendant...more

Divided Panel Debates a Jury’s Ability to Resist the Persuasive Power of Hollywood

In United States v. Monsalvatge (Nos. 14-1113, 14-1139, and 14-1206), a divided panel of the Second Circuit explored the contentious topic of introducing blockbuster films as evidence in a criminal prosecution. Defendants...more

Health Care FCA Decisions Applied to Criminal Case

False Claims Act (“FCA”) cases involving medical necessity continue to receive great attention. A March 7, 2017 opinion that overruled a jury’s criminal fraud conviction of a cardiologist demonstrates the broader implications...more

Why Bassam Salman Should Not Have Been Convicted

A lot of ink has been spilt on the United States Supreme Court’s decision in Salman v. United States, 137 S. Ct. 420 (2016). In that case, the Supreme Court upheld the criminal conviction of Mr. Bassam Salman who received...more

Supreme Court Update: Gloucester County School Board V. G.G. (16-273), Peña-Rodriguez V. Colorado (15-606), And Beckles V. United...

The Court kicked off the week with a flurry of activity in criminal cases, issuing a landmark Sixth Amendment ruling, another decision closing the door on vagueness challenges to the Sentencing Guidelines, a per curiam...more

Does a Dissent at the Appellate Court Mean a More Active Bench at Oral Argument in Criminal Cases?

Last week, we determined that a dissent below, all things being equal, will lead to at least a slightly more active oral argument for appellees. The data for appellants is more variable – the averages are virtually...more

FCPA: 2016 Year in Review & 2017 Enforcement Predictions

Bass, Berry & Sims announces the release of its "FCPA: 2016 Year in Review & 2017 Enforcement Predictions," a review of trends and developments in FCPA as well as a look ahead into what to expect for 2017. The newly released...more

Lawyer’s Pants Literally Catch on Fire and Alexa to “Testify”: eDiscovery Trends

OK, this first story isn’t exactly an eDiscovery story, but it’s too good to pass up… Here’s a question for you: Would you believe what a lawyer was telling you during closing arguments if his pants were, literally, on fire?...more

New York Man Sentenced to 15 Years in Prison for Loan Modification Scheme

On March 7, 2017, the United States Attorney’s Office for the Eastern District of New York announced the sentencing of an individual defendant to 15 years in prison and $2.5 million in forfeiture in connection with a loan...more

What Can Friend Expect after Arrest over Medicine at Airport?

Question: A friend of mine called me recently to say that he had been arrested at Dubai airport for carrying prescription medicine without the prescription. I am a European who lives outside the UAE so I don’t have much...more

Criminal Defendants Have a Constitutional Right to Introduce Evidence of Clear Racial Bias in Jury Room After Guilty Verdict

The no-impeachment rule is that once a jury’s verdict has been entered, it cannot generally be called into question based on the comments or conclusions during jury deliberations. In Pena-Rodriguez v. Colorado, the U.S....more

A Parallel Universe: Navigating Discovery in Concurrent Civil and Criminal Proceedings

As criminal law has expanded into almost every sector of the American economy, one byproduct is the rise of "parallel proceedings"—lawsuits that proceed concurrently in criminal and civil court based on largely the same...more

Possession and Using of Drugs

A recent case at the Dubai Court of Cassation was overturned based on a procedural error by the public prosecutor and police. Al Rowaad Advocates and Legal Consultancy represented a client from an African country who was...more

The Supreme Court - March, 2017

The Supreme Court of the United States issued decisions in three cases yesterday: Rippo v. Baker, No. 16-6316: Petitioner Michael Damon Rippo moved to disqualify the Nevada state judge who presided over his criminal...more

The Policing and Crime Act 2017: Changes to the UK Financial Sanctions Regime

The policing and crime bill received royal assent on 31 January 2017. The new Policing and Crime Act 2017 (the Act) introduces changes to a wide cross-section of the criminal justice system, including policing powers and...more

DOJ Issues New Guidance on the Evaluation of Corporate Compliance Programs in Federal Fraud Investigations

On February 8th, the U.S. Department of Justice (DOJ) quietly issued new guidance on how the agency evaluates corporate compliance programs during fraud investigations. The guidance, published on the agency’s website as the...more

One of Our Employees Died at Work – Am I Going to Jail?

Most know that lawsuits against an employer based on an employee’s workplace injury are barred by the applicable State’s Worker’s Compensation Act. However, did you know that in some circumstances, an employer may be...more

Antitrust cartel cases: What companies can expect under a Trump Administration

In this hoganlovells.com interview, partners Megan Dixon and Kathryn Hellings discuss the trends they are seeing related to domestic and international cartel cases and offer a perspective on what could happen under a Trump...more

When A Threat Becomes A Crime

A Miami Beach man was recently accused of threatening President Trump on Twitter. He sent the threat directly to Secret Service, challenging them to stop his Inauguration Day surprise. They did, and Dominic Puopolo, who used...more

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Cybersecurity

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