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Double Jeopardy Criminal Prosecution

Epstein Becker & Green

Inconsistent Verdicts Don’t Negate Double Jeopardy in Blocking Murder Case Retrial - SCOTUS Today

Epstein Becker & Green on

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

Snell & Wilmer

Crimes Committed on Tribal Land May Be Subjected to Being Prosecuted Twice

Snell & Wilmer on

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

Cozen O'Connor

Notice of Appeal - Summer 2021

Cozen O'Connor on

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

Polsinelli

4th Circuit: SEC Disgorgement Fine Does Not Trigger Double Jeopardy Protection

Polsinelli on

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

A&O Shearman

Sanctions Risk: Drafting Contracts to Avoid ‘Double Jeopardy’

A&O Shearman on

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

Moore & Van Allen PLLC

Is the Trump Administration Charting a New Course Away from the Duplicative Fines of the Financial Crisis?

Moore & Van Allen PLLC on

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

Bennett Jones LLP

Double Jeopardy Argument Fails in Ponzi Fraud

Bennett Jones LLP on

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

Dorsey & Whitney LLP

The Supreme Court - June 2016 #2

Dorsey & Whitney LLP on

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

McDonnell Boehnen Hulbert & Berghoff LLP

Another Aleynikov Trade Secrets Case Ends with Narrower Statute

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

Skadden, Arps, Slate, Meagher & Flom LLP

"France's Double-Trial System for Market Abuses May Be Headed for Reform"

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

Skadden, Arps, Slate, Meagher & Flom LLP

"France: The ne bis in idem Principle and Settlements With US Authorities"

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

Sheppard Mullin Richter & Hampton LLP

False Press Release Leads To Exclusion From Federal Programs

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

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