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Criminal Prosecution Due Process

Dorsey & Whitney LLP

The Supreme Court Update - April 7, 2025

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Today, the Supreme Court of the United States granted certiorari in two cases: Ellingburg v. United States, No. 23-3129: This case addresses the Ex Post Facto Clause of the U.S. Constitution, which the government...more

Carlton Fields

Florida Appeals Court Decisions Week of March 31 - April 4, 2025

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U.S. Eleventh Circuit Court of Appeals - Alabama Aircraft v. Boeing - trade secrets, misappropriation, contractual limits - USA v. O’Steen - public official, extortion, currency disclosure - Grippa v. Rubin -...more

Venable LLP

SCOTUS Dodges Confrontation Clause Case, but Justices Are Open to Reconsidering Crawford

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The Supreme Court refusing to hear a case is nothing new, but an otherwise run-of-the-mill denial of the cert petition in Franklin v. New York, 604 U.S. ____ (2025) was accompanied by statements from Justices Alito and...more

ArentFox Schiff

Judge Rakoff Challenges Sentencing Guidelines: Upholding the Sixth Amendment

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On March 10, US District Judge Jed S. Rakoff of the Southern District of New York issued a decision in United States v. Tavberidze, holding that section 3E1.1(b) of the US Sentencing Guidelines, which provides a one-point...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Murder, Misogyny, and The Due Process Clause: U.S. Supreme Court Grapples With The Effect Of Unduly Prejudicial Evidence

In 2004, Appellant, Brenda Andrew was convicted in Oklahoma of first-degree murder and conspiracy to commit first-degree murder for participating in the homicide of her husband to collect his life insurance policy. Andrew was...more

Carlton Fields

Florida Appeals Court Decisions Week of February 17 - 21, 2025

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U.S. Eleventh Circuit Court of Appeals - Wilson v. Hearos - removal by nonparty, service of process, Ga law - USA v. Lemus - Maritime Drug Law Enforcement Act, constitutional challenges...more

Dorsey & Whitney LLP

The Supreme Court Update - January 21, 2025

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The Supreme Court of the United States issued one decision today: Andrew v. White, No. 23-6573: In this case, the Court addressed whether the State violated petitioner Brenda Andrew’s due process rights when, during her...more

Husch Blackwell LLP

False Claims Act Insights - Railroaded! How to Approach the Twin Tracks of Parallel Proceedings

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Host Jonathan Porter is joined by Troy Clark, Director and Corporate Counsel with Wellstar Health System, to discuss the peculiarities and difficulties of tackling parallel proceedings, that is, investigations and/or...more

American Conference Institute (ACI)

[Event] 18th Edition Fraud, Asset Tracing & Recovery - March 14th - 15th, Geneva, Switzerland

The 18th edition of the Fraud, Asset Tracing & Recovery Geneva conference is back with new networking opportunities! Deemed as the foremost, can’t-miss event each year, the 2023 agenda will be fully revamped, and you don’t...more

Tucker Arensberg, P.C.

School District Subject to Suit for Manner of Completing Act 168 (“Pass the Trash”) Form

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Dale McClendon v. The School District of Philadelphia, 2023 WL 4237080 (E.D. Pa 2023). (Federal court held that a school district was subject to due process and breach of contract claims for the manner in which it completed a...more

Dorsey & Whitney LLP

The Supreme Court Update - April 19, 2023

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Today, the Supreme Court of the United States issued three decisions: MOAC Mall Holdings LLC v. Transform Holdco LLC, No. 21-1270: This bankruptcy case involved the interpretation of Bankruptcy Code § 363(m) and its...more

Estlund Law, P.A.

Nigeria: INTERPOL and the misinformation reports on INTERPOL’S role in the arrest of Biafran dissident Simon Ekpa

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Our last post addressed how the media often fuels the misconceptions regarding INTERPOL. Today, we look to the case of Biafran Dissident Simon Ekpa and how misinformation on INTERPOL presented in journalistic accounts of his...more

Estlund Law, P.A.

INTERPOL Red Notices- Traveling as a Red Notice subject

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When an individual is wanted by any member country of INTERPOL, international travel always poses a risk of detention....more

Jackson Walker

Major Case Alert: Is the Fifth Circuit About to Transform How Courts Apply Sentencing Guidelines?

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On January 24, 2023, the United States Court of Appeals for the Fifth Circuit will sit en banc to decide how much deference courts should give commentary to the U.S. Sentencing Guidelines. The full Court will do so in the...more

Patton Sullivan Brodehl LLP

Sometimes Real Property Rights Can be Adjudicated in a Criminal Case Where the Property Owner is Not Even a Party

Owners of real property generally understand that their property rights can be impacted by litigation in which they are a party. However, what’s less clear, but perhaps equally important to understand and guard against, is...more

McDermott Will & Emery

Views and Lessons from the Trenches of the First Criminal No-Poach Trial

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In a landmark case of first impression, the US Department of Justice’s (DOJ) Antitrust Division (Division) indicted and brought to trial a federal criminal prosecution alleging agreements between DaVita, Inc., its former CEO...more

A&O Shearman

Threat of criminal prosecution by due process did not amount to duress

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A settlement agreement between two parties should not be set aside for duress despite threats of criminal prosecution having been made: Al Saif Group v Robert Thomas Cable [2022] EWHC 271 (QB), 10 February 2022....more

Dechert LLP

Federal Court Rejects DOJ’s Novel and Extraterritorial Effort To Extend FCPA Jurisdiction to Foreign Agents

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The United States District Court for the Southern District of Texas recently recognized new constitutional and extraterritorial limits on the FCPA. In an order entered November 10, 2021, the court held that it lacked...more

Estlund Law, P.A.

INTERPOL Abuse- British investigative journalist Clare Rewcastle Brown and NGOs vs. Malaysia’s NCB

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One of the most critical forms of evidence used to identify and prove human and due process rights violations is the information contained in reports by investigative journalists. We rely on such evidence to tell us the truth...more

K&L Gates LLP

Voluntary Disclosure: Newsflash – October 2020

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In this episode, we examine how two criminal defendants are aiming to leverage parallel FCPA investigations by the SEC and the DOJ to build their defense. We’ll also offer our thoughts on the SEC’s new (and improved?)...more

Estlund Law, P.A.

Will INTERPOL Issue a Red Notice Against an Innocent Person?

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Clients who are the subjects of Red Notices frequently and understandably feel a sense of outrage over the fact that a Red Notice has been issued against them when they are in fact innocent of the charges in the underlying...more

White & Case LLP

German legislative initiative on new corporate sanctions law

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The German Federal Ministry of Justice has presented a draft bill intended to combat corporate crime. The bill has not yet been published. The most significant provisions can be found in the proposed "Association Sanctions...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Upholds Mandatory Commitment for Defendant Found Incompetent to Stand Trial

In United States v. Brennan, the Second Circuit (Kearse, Winter, Pooler) rejected an as-applied challenge to 18 U.S.C. § 4241(d), which requires a defendant who has been found incompetent to stand trial to be committed to the...more

Faegre Drinker Biddle & Reath LLP

Federal Prosecutor Faces Accusations that it Used the SEC to Collect Evidence for its Criminal Investigation

In a ruling handed down on Tuesday, a Southern District of New York judge ordered the U.S. Attorney’s Office for the Southern District of New York (“USAO”) to submit a full account of their communications with the SEC after...more

UB Greensfelder LLP

The Seventh Amendment Right to Jury for Violations of the Commodity Exchange Act – Part II

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This is the second part of a two-part article discussing a defendant’s Seventh Amendment right to jury in an enforcement action by the Commodity Futures Trading Commission under the Commodity Exchange Act for civil monetary...more

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