This month, the government is asking for a pair of 10-year prison sentences for two Gree USA Inc. executives convicted of failing to report defective humidifiers. This comes after the two were found guilty of conspiracy to...more
Deputy U.S. Attorney General Lisa Monaco recently sparked debate by stating, “Like a firearm, AI can enhance the danger of a crime.” And just as prosecutors can seek enhanced sentences for offenses involving firearms, the...more
In what may come as a surprise to many, lawmakers across the political spectrum actually agree on at least one thing: the practice of sentencing federal defendants based on acquitted conduct has gone on long enough. Last...more
Key Takeaways - ..The Third Circuit recently decided that the loss enhancement to the fraud guideline in the U.S. Sentencing Guidelines applies only to “actual loss” and not to “intended loss.” ..While the primary...more
Precedential Opinions of Note - False Claims Act’s First-to-File Bar Permits Amended Complaint Adding New Relator - In re Plavix Marketing, Sales Practices and Products Liability Litigation (No. II) (September 1, 2020), No....more
Precedential Opinions of Note - Evidence from Outside Limitations Period Permissible to Prove Ongoing Scheme to Defraud - United States v. James (April 3, 2020), No. 19-1250...more
Today, the Supreme Court of the United States issued the following three opinions: Intel Corp. Investment Policy Comm. v. Sulyma, No. 18-1116: The Employee Retirement Income Security Act of 1974 (“ERISA”) demands that...more
In United States v. Moran, the Second Circuit (Calabresi, Cabranes, Chin) affirmed the sentence of Lamont Moran, who was convicted of conspiracy to distribute heroin. ...more
In United States v. Barrett, No. 14-2541 (2d Cir. Aug. 30, 2019) (Winter, Raggi, Droney), the Second Circuit vacated a defendant’s conviction for using a firearm in connection with a “crime of violence” under 18 U.S.C. §...more
There is a popular vintage Harley Davidson t-shirt that says “Tough Guys Finish First.” That may be true. But, sometimes, to finish first, one does not need more tough guys; one needs more lawyers, as a crime-related matter...more
In a summary order issued yesterday in United States v. Munteanu, No. 16-1254, the Second Circuit (Winter, Cabranes, Lynch) reiterated that a district court must make findings of fact before imposing an obstruction of justice...more