News & Analysis as of

Drug Trafficking

“Toxic” Hearsay Upends Murder Convictions for Member of Bronx Drug Trafficking Crew

In a rare move, the Second Circuit (Jacobs, Pooler, Hall) overturned Armani Cummings’s convictions for murder, conspiracy, and multiple drugs and firearms offenses. The Court reversed based on violation of the hearsay...more

In Lengthy Opinion, Second Circuit Affirms “Silk Road” Conviction and Life Sentence

On May 31, 2017, the Second Circuit issued its long-awaited decision in the “Silk Road” case, United States v. Ulbricht, (15-1815-cr) (2nd Cir. May 31, 2017) (Newman, Lynch, Droney). The panel affirmed Ulbricht’s conviction...more

Court Upholds Murder-for-Hire Conviction, Rejects Fourth Amendment Challenges

The murder-for-hire statute makes it a crime to agree to commit murder in exchange for “anything of pecuniary value.” 18 U.S.C. § 1958. The Second Circuit has understood this language to require that, at the time of the...more

An Empty Bargain: Circuit Overturns Guilty Plea Entered By Defendant Unapprised of Mandatory Life Sentence

In a decision dated March 10, 2017, the Circuit issued a blistering decision vacating the district court’s denial of the defendant’s motion to withdraw his guilty plea in United States v. Johnson, No. 15-3498-cr (Jacobs, J.,...more

The Philippines Now a “Major Money-Laundering Country”

by Ballard Spahr LLP on

The Philippines has been identified by the U.S. as a “major money-laundering country” in the 2017 International Narcotics Control Strategy Report (“Report”), published this month. The country now joins 87 others as one “whose...more

In Summary Order, Court Vacates Above-Guidelines Sentence for Lack of Justification, But Denies Request to Remand to Different...

Franco Lupoi was sentenced to 156 months on money laundering conspiracy and heroin trafficking conspiracy charges, in excess of the applicable Guidelines range and the 135 month sentence requested by the government. In its...more

INTERPOL Red Notice removal cases- a sample of results from 2016, part 2

by Estlund Law, P.A. on

As the year begins, and changes appear to be coming to both INTERPOL and the CCF, Red Notice Law Journal reviews some highlights from the CCF’s activity in 2016. Second case study: Americas-based client with Red Notice...more

Health Alert (Australia) 26 September 2016

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Queensland - 10 September 2016 - Inquest into the death of C - C was a 14 year old girl with multiple physical and...more

You’ve Got (Foreign) Mail: Can Law Enforcement Get to it?

Even though Microsoft is a U.S. corporation subject to domestic subpoenas and warrants, prosecutors are not entitled to emails stored on its servers abroad, the Second Circuit ruled last week in Microsoft Corp. v. United...more

Enforcement Week I: Troubling Questions Raised in HSBC Prosecution

by Thomas Fox on

We had an interesting week of anti-corruption enforcement actions last week, both in the US and the UK. We have now had four Foreign Corrupt Practices Act (FCPA) enforcement actions since the announcement of the Depart Of...more

International Litigation Update: United States Supreme Court Limits Extraterritorial Reach of RICO Claims

by King & Spalding on

On June 20, 2016, the U.S. Supreme Court issued its decision in RJR Nabisco, Inc. v. European Community, holding that provisions of the Racketeer Influenced and Corrupt Organizations Act (RICO) apply to conduct that occurs...more

DOJ dismisses last of the drug trafficking charges against FedEx: two key takeaways

by DLA Piper on

Recently, four days into what had been scheduled to be a seven-week trial, the US Department of Justice voluntarily dismissed the last of the criminal charges it had brought in its money laundering and drug trafficking...more

DOJ Folds Criminal Case Against Federal Express

by Michael Volkov on

In another set back last week, after a contentious criminal prosecution, the government dismissed its criminal charges against Federal Express. DOJ indicted Federal Express for drug trafficking relating to shipping of illegal...more

Recreational Cannabis — Section 280E and Tax Efficient Structuring

Recreational cannabis businesses operate in a world of conflicting state and federal laws. Several states have legalized recreational cannabis, yet, under federal law, cannabis remains an illegal Schedule I drug under the...more

Tackling a Panamanian Money Laundering Organization: OFAC Sanctions the Waked Money Laundering Organization, Colombia Arrests the...

OFAC Sanctions - On May 5, 2016, the U.S. Department of Treasury, Office of Foreign Assets Control (OFAC) announced sanctions against 77 entities and individuals associated with the Waked Money Laundering Organization...more

U.S. Supreme Court Rejects Nebraska and Oklahoma’s Lawsuit Challenging Colorado Recreational Marijuana Laws

In December 2014, the States of Nebraska and Oklahoma filed a motion for leave to file a complaint against the State of Colorado with the Supreme Court of the United States (SCOTUS). The motion argued, among other things,...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: an overview of amicus briefs in the Apple case; the arrest of a...more

United States v. Microsoft: ‘Global Chaos,’ Outdated Legislation And a Judge’s Plea to Congress

The Second Circuit’s challenge in considering the validity of a U.S. Stored Communications Act warrant to Microsoft for e-mails located on servers in Ireland involves interpreting the SCA, which was enacted nearly three...more

Data Privacy and Passenger Name Records - MEPs Approve EU Rules With Data Protection Safeguards

by Locke Lord LLP on

Draft EU rules on sharing and protecting Passenger Name Record (PNR) data of people flying to or from the EU, were approved by the Civil Liberties Committee on 15 July 2015. Once passed into law, this data will be collected...more

Silk Road’s Ross Ulbricht Receives Life Sentence

by Goodwin on

On May 29, 2015, after a lengthy criminal investigation and multi-week trial, Ross Ulbricht, the mastermind behind Silk Road—one of the most famous enterprises to utilize Bitcoin currency—was sentenced to life in prison in a...more

FinCEN Flexes Its Muscles

by Michael Volkov on

The Treasury Department’s Financial Crimes Enforcement Network has been flexing its muscles lately to remind everyone of its important role in money laundering enforcement. Jennifer Shasky, the current Director, a former...more

FinCEN Issues Aggressive Regulatory Order Against Electronics Companies in Miami

by Akerman LLP on

For the second consecutive year, the Financial Crimes Enforcement Network ("FinCEN"), of the U.S. Department of Treasury, issued a Geographic Targeting Order ("GTO"), to deter the laundering of drug money through an...more

FinCEN Issues a Geographic Targeting Order for Miami-Area Businesses

A Geographic Targeting Order (GTO) is one of the major enforcement tools of the Financial Crimes Enforcement Network (FinCEN). Such orders are issued under the authority of the Bank Secrecy Act and are used to impose stricter...more

Sanctions Round-Up: First Quarter 2015

by Shearman & Sterling LLP on

In this edition: - US and EU continue targeting Russia for its activity in Ukraine - Cuba-related regulatory reforms announced - P5+1 and Iran reach framework agreement - US enforcement actions:...more

Not So Silky Road

The founder of Silk Road, the black market website where illegal goods were bought with bitcoin, was found guilty on all 7 counts, including money laundering, drug trafficking and computer hacking. While this is an...more

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Cybersecurity

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