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Category Archives: Environmental Crimes

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Director of BOEMRE Announces Investigations and Review Unit and More Agressive Tactics to Investigate Companies Engaged in Offshore Drilling

Posted in Environmental Crimes

In response to the massive oil spill (over 19,000 square miles in area–or larger than the state of Maryland) in the Gulf of Mexico, on June 18, 2010, U.S. Department of the Interior Secretary Ken Salazar issued an order renaming the Minerals Management Service (MMS) the Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE)…. Continue Reading

Report Alleges Bush Administration DOJ Shielded BP and Executives from Criminal Prosecution over Alaska Spill

Posted in Environmental Crimes

As the oil spill from the Deepwater Horizon well in the Gulf of Mexico turns two months old, an article in Digital Journal details how the government considered bringing criminal charges against British Petroleum and its executives during the Bush Administration. The article quotes Scott West, a former Special Agent in Charge for the Environmental… Continue Reading

Department of Justice Targets Gulf Oil Spill Disaster and British Petroleum

Posted in Environmental Crimes

U.S. Attorney General Eric Holder informed the media yesterday that the federal government has opened criminal and civil investigations into the 44 day-old oil spill disaster in the Gulf of Mexico, as reported in the L.A. Daily News and elsewhere. Last month, U.S. President Barack Obama appointed an independent commission to investigate the causes of… Continue Reading

Cap and Trade/H.R. 2454 New Criminal Provision: “Fraud and false statements in connection with regulated allowances” (Proposed Amendment to 18 U.S.C. § 1041)

Posted in Environmental Crimes, False Claims, Fraud, Money Laundering

New legislation typically means new criminal laws, and the White House’s and Congress’ recent ‘‘American Clean Energy and Security Act of 2009,’’ H.R. 2454, better known as the "Waxman-Markey Bill" or "Cap and Trade Bill," is certainly no exception. The bill is over 1,000 pages long and, for those with copious amounts of time, may… Continue Reading

Constructive Amendments to the Indictment in the Eleventh Circuit

Posted in Environmental Crimes, False Claims, indictment, Money Laundering

  The government’s case in many instances will evolve or shift to some extent over the course of a criminal prosecution. It may be a long time between indictment and trial, and the prosecution may come into possession of new evidence before trial, or may not have thoroughly reviewed the evidence which it does possess… Continue Reading

Supreme Court Overrules Michigan v. Jackson and Presumption that Waivers of Right to Counsel After the Right to Counsel Has Been Invoked Are Invalid

Posted in Environmental Crimes, False Claims, Fraud, Money Laundering, Right to Counsel

In an opinion issued on Tuesday, Montejo v. Louisiana, — S.Ct. —-, 2009 WL 1443049 (2009), the Supreme Court removed a layer of protection of criminal defendants against coercive and badgering police interrogations by overruling, Michigan v. Jackson, 475 U.S. 625, 106 S.Ct. 1404 (1986), in which the Court had held that “if police initiate… Continue Reading

Justice Souter on Criminal Law, Part II

Posted in Environmental Crimes, False Claims, Money Laundering, Noteworthy Cases

  Our summary retrospective of Justice Souter’s contributions to the Supreme Court’s criminal law jurisprudence continues. In addition to writing for the majority in many important criminal decisions, Justice Souter has authored concurring decisions in many cases, including criminal cases. While the Justice’s concurrences in criminal cases have typically been brief, Justice Souter has frequently… Continue Reading

Spam-a-Lot! Brothers Indicted for Spamming Conspiracy Affecting 2,000 Colleges and Universities

Posted in Cybercrime, Environmental Crimes, False Claims, Money Laundering

Spam e-mail is nearly universally despised. However, recipients of spam may not fully appreciate the inventiveness and intricateness of some spammers’ methods, however dubious or illegal, before considering the charges against Missouri residents Amir Ahmad Shah, age 28, and Osmaan Ahmad Shah, age 25, who operated a company I2O. As reported by IDG News Service,… Continue Reading

“Significant Nexus” to “Navigable Waters” Necessary in Clean Water Prosecutions

Posted in Environmental Crimes

            Abraham Lincoln, following the Union victory at Vicksburg, referred to the Mississippi again flowing “unvexed to the sea.” In Rapanos v. United States, 547 U.S. 715, 126 S.Ct. 2208 (2006), the United States Supreme Court, in a plurality opinion authored by Justice Scalia, elaborated the definition of “navigable waters” under the Clean Water Act… Continue Reading