Tag Archives: Criminal Law

Supreme Court Rules Against Freezing "Untainted" Assets

U_S_-Supreme-Court1

In a ruling that could have far-reaching implications for criminal defendants’ right to counsel of their choice, the Supreme Court decided on March 30, 2016 that the government cannot freeze “untainted” assets that are not related to any alleged wrongdoing. Reaching this conclusion, the Court overturned an Eleventh Circuit decision affirming an order freezing a defendant’s …

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Supreme Court Rules Against Freezing “Untainted” Assets

U_S_-Supreme-Court1

In a ruling that could have far-reaching implications for criminal defendants’ right to counsel of their choice, the Supreme Court decided on March 30, 2016 that the government cannot freeze “untainted” assets that are not related to any alleged wrongdoing. Reaching this conclusion, the Court overturned an Eleventh Circuit decision affirming an order freezing a defendant’s …

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Real Estate Promoter Carlton Cabot Arrested – Is He the Worst Fraudster in Modern History?

The name Carlton Cabot was once synonymous with tenant in common (TIC) real estate projects. Cabot claimed to have raised hundreds of millions of dollars and public records show that he promoted approximately 18 large real estate projects nationwide. The entire concept of TIC financed projects began in 2002 after the IRS issued a revenue …

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Criminal Defendant Required to Provide Smartphone Fingerprint, but Not Passcode

A Virginia state judge ruled last week that law enforcement may require a criminal defendant to provide his fingerprint — but not his passcode — to unlock a smartphone that might contain evidence that would be used against him at trial. In Commonwealth v. Baust, the police sought access to the smartphone of David Charles Baust, …

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Employer Used As Means to Commit Crime not a Victim under Restitution Act, Fourth Circuit Court Rules

The Mandatory Victims Restitution Act of 1996 (“MVRA”) provides that a victim of a federal crime may be entitled to an order of restitution for certain losses suffered as a direct result of the commission of the crime for which the defendant was convicted.  A question that courts sometimes face is whether a company can be considered …

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Alleged STOLI Producers Found Guilty of Fraud and Other Criminal Charges

Earlier today, a jury in the United States District Court for the Southern District of New York found independent insurance producers Michael Binday, James Kergil, and Mark Resnick guilty of mail and wire fraud, and conspiracy to commit those offenses.  The jury also convicted Kergil and Resnick of conspiracy to obstruct justice.  Sentencing has been …

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The Foreign Corrupt Practices Act (FCPA) in the News: Big Scoops, Real Fallout

In early August, the New York Times reported that the U.S. Securities and Exchange Commission (SEC) is investigating JPMorgan Chase related to alleged violations of the Foreign Corrupt Practices Act (FCPA) in China.  According to the article, the press had not previously reported on the investigation, and the Times knowledge of it was based on a “confidential United States …

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In Largest Known Data Breach Conspiracy, Five Suspects Indicted in New Jersey

On July 25, 2013, the United States Attorney for the District of New Jersey announced indictments against five men alleging their participation in a global hacking and data breach scheme in which more than 160 million American and foreign credit card numbers were stolen from corporate victims, including retailers, financial institutions, payment processing firms, an airline, …

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2nd Annual White Collar Crime Institute – May 20, 2013

The National Law Review is pleased to bring you information about the upcoming 2nd Annual White Collar Crime Institute:   When: Monday, May 20, 2013 from 9 a.m. to 5 p.m Where: The New York City Bar, located at 42 West 44th Street in New York City, New York The City Bar Center for CLE …

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White Collar Crime

The National Law Review would like to advise you of the upcoming White Collar Crime conference sponsored by the ABA Center for CLE and Criminal Justice Section, General Practice,  &   Solo and Small Firm Division: Event Information When February 29 – March 02, 2012 Where Eden Roc Renaissance Miami Beach 4525 Collins Ave Miami Beach, FL, 33140-3226 United …

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