Can I Get Out of Jail While My Federal Criminal Appeal is Pending?
What do you have to show to win an ineffective assistance of counsel challenge to a federal criminal conviction?
How long does an appeal in a federal criminal case take?
What issues do people raise in a federal criminal appeal?
How do the federal sentencing guidelines work in federal fraud cases?
How do the federal sentencing guidelines work?
What's the process for imposing sentence in federal court?
How Does A Federal Judge Decide What Sentence To Impose In a Federal Criminal Case?
Retailer 99 Cents Only Files for Bankruptcy, Plans to Shut Down | Reuters - Budget retailer 99 Cents Only filed for Chapter 11 bankruptcy protection in Wilmington, Delaware, and stated that it plans to shut down all of its...more
The First Circuit applied a narrow definition of “bribery” for honest services fraud under 18 U.S.C. § 1346. Payments made to the purportedly harmed party in the alleged bribery scheme—here, the universities—cannot...more
In September 2016, the United States Attorney for the Southern District of New York charged, among other defendants, former New York Governor Andrew Cuomo’s campaign manager, Joseph Percoco, not-for-profit Fort Schuyler...more
Well, it was another quiet month in crypto . . . Not. We are still watching the tsunami play out in real time, as governments and the crypto market react to another seismic shift in the crypto landscape....more
On June 28, 2019, the U.S. Supreme Court agreed to hear the appeal brought by Bridget Kelly, the Deputy Chief of Staff for New Jersey's Office of Intergovernmental Affairs, which was joined in by Bill Baroni, the Deputy...more
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
The U.S. Court of Appeals for the Tenth Circuit reversed a conviction for making a false statement to the U.S. Patent and Trademark Office (USPTO), holding that a false statement is not material if it could not influence the...more
In United States v. Nosal, 676 F.3d 854 (9th Cir. 2012) (en banc), the court held that the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, prohibits unlawful access to a computer but not unauthorized use of computerized...more
A relator convicted of criminal conduct is precluded from sharing in related FCA recoveries, irrespective of degree of culpability. On July 16, a US Court of Appeals for the Ninth Circuit panel upheld the dismissal from...more
The Ninth Circuit last week held that pursuant to 31 U.S.C. 3730(d)(3) of the False Claims Act (“FCA”), a qui tam relator who is convicted of conduct giving rise to the fraud that is the subject of the FCA lawsuit must be...more
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
The SEC has adopted final rules to implement Section 926 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Section 926 required the SEC to adopt rules that disqualify securities offerings involving certain...more
In Brief: - A failure to meet medical standards, by itself, would not sustain a health care fraud conviction. - The government, however, typically offers additional evidence sufficient to establish knowledge...more