As we continue our series summarizing recent Fifth Circuit criminal opinions, the latter half of March proved to be particularly noteworthy. The Fifth Circuit addressed a range of cases, including those involving the False...more
In United States v. Aiello, the Second Circuit (Raggi, Chin, Sullivan) remanded the cases of Steven Aiello, Joseph Gerardi, Louis Ciminelli, and Alain Kaloyeros (collectively, the “defendant-appellants”) for retrial on their...more
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
U.S. Eleventh Circuit Court of Appeals - Horton v. Gilchrist - prisoner, amending pleadings - USA v. Archie - search and seizure...more
Most readers of this blog rarely, if ever, become involved in homicide cases. Nevertheless, the Supreme Court’s essentially unanimous decision in McElrath v. Georgia should be of interest because it deals with the issue of...more
In a 6-3 decision, the United States Supreme Court ruled that a Native American defendant who was previously prosecuted in a special federal administrative tribal court can be charged in a federal court for the same incident...more
United States v. Yusuf (April 2, 2021), No. 19-3472 Unanimous decision: Jordan (writing), McKee, and Smith Concurrence: McKee Defendants pleaded guilty to their respective crimes and stipulated that they would not argue, at...more
Last week, the United States Court of Appeals for the Fourth Circuit issued a significant ruling that a business owner who made a $4.5 million disgorgement deal with the SEC to resolve civil fraud claims cannot escape...more
In the recent case of Lamesa Investments Ltd v Cynergy Bank Ltd [2019] EWHC 1877 (Comm), the High Court upheld the bank’s attempt to avoid a common banking dilemma: the ‘double jeopardy’ of being contractually liable to make...more
Double jeopardy prevents criminal defendants from being convicted of the same crime twice. Res judicata prevents civil litigants from facing repeated claims by an overly aggressive plaintiff. Unfortunately, in the years after...more
In R. v. Samji, 2017 BCCA 415 [Samji], the B.C. Court of Appeal decided that a $33-million administrative monetary penalty (AMP) assessed by the province’s Securities Commission against a person who had run a massive Ponzi...more
The Supreme Court of the United States issued decisions in three cases on June 9, 2016: - Dietz v. Bouldin, No. 15-458: An automobile accident case went to a jury trial in federal district court. Respondent Hillary...more
In 2009, Sergey Aleynikov was a computer programmer employed by Goldman Sachs to write high-frequency trading code. He accepted an offer to join a new Chicago-based company, Teza Technologies. Before he left Goldman Sachs,...more
In 2015, the French double-trial system for market abuses will be referred to the Constitutional Council for an assessment of the system’s constitutionality under the double jeopardy rule (or, using the Latin maxim, the ne...more
Successive investigations in France following U.S. prosecutions and settlements have led to court challenges on the grounds of double jeopardy, a trend that will only increase as more countries scrutinize the same conduct in...more
Dr. Harkonen was the CEO of InterMune, Inc, a pharmaceutical company that developed, marketed and sold drugs for lung and liver diseases, including Actimmune. In 2002, the FDA had approved Actimmune to treat only two...more