The prosecution in the case of wealthy international financier Sir Robert Allen Stanford wants Stanford behind bars even before he has his day in court, arguing that his contacts abroad create a great risk that he will flee the country. Stanford, through his attorney, Dick DeGuerin, has countered that he possesses ties to the U.S…. Continue Reading
Tag Archives: class
Indictment in the Sir Robert Allen Stanford Case/Stanford to Be Arraigned in Houston Today
Posted in High Profile CasesSir Robert Allen Stanford is scheduled to be arraigned today on conspiracy, mail and wire fraud, money laundering and obstruction charges in Houston in the U.S. District Court for the Southern District of Texas. Stanford is represented by attorneys Dick DeGuerin and Sean Ryan Buckley, of the Houston firm of DeGuerin and Dickson. According to… Continue Reading
Sir Robert Allen Stanford Indicted in Alleged Second Largest Ponzi Scheme in U.S. History
Posted in High Profile CasesThe writers of Federal Criminal Defense Blog have been busy writing on other matter and apologize for the brief hiatus. Much has happened in the sphere of white collar crime even during our short absence, most notably developments in the two largest Ponzi schemes in U.S. history, and we have some catching up to do…. Continue Reading
Syed Haris Ahmed Trial: Allegations
Posted in TerrorismBy way of background, the Government originally charged Syed Haris Ahmed in a sealed indictment filed on March 23, 2006. The Government obtained a Superseding Indictment on July 19, 2006. It has charged Ahmed and his co-defendant, Ehsanul Islam Sadequee, with one count of conspiracy to provide material support to terrorists, in violation of… Continue Reading
Syed Haris Ahmed Trial: Day 1
Posted in TerrorismThe trial of Syed Haris Ahmed is Georgia’s most significant terrorism case and we will collect for readers daily information on the trial and additional information. Today’s information on the Ahmed/Sadequee Trial comes from the Atlanta Journal-Constitution, WSBTV and CNN. Ahmed is 24, an Atlanta area native and a former student at Georgia Tech…. Continue Reading
Constructive Amendments to the Indictment in the Eleventh Circuit
Posted in Environmental Crimes, False Claims, indictment, Money LaunderingThe 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 CounselIn 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 CasesOur 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
Justice Souter on Criminal Law
Posted in Noteworthy CasesSupreme Court Justice David Hackett Souter has announced his intention to retire at the end of the Court’s term in June. In his 19 years on the Court, Justice Souter has been a key vote in many cases and has written over 150 majority, plurality, concurring and dissenting opinions, including in many criminal… Continue Reading
This Week’s Homegrown Ponzi Scheme
Posted in Noteworthy CasesYet another Ponzi scheme has surfaced in Georgia. As reported by the Macon telegraph his past Tuesday, U.S. marshals in Denver arrested Gary Hutcheson and Saundra McKinney Pyles of Macon. Hutcheson and Pyles had been indicted on April 22 in the U.S. District Court for the Middle District of Georgia on five counts of mail… Continue Reading
Spam-a-Lot! Brothers Indicted for Spamming Conspiracy Affecting 2,000 Colleges and Universities
Posted in Cybercrime, Environmental Crimes, False Claims, Money LaunderingSpam 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
Commentary on the Fifth Circuit Questions In Minor
Posted in Environmental Crimes, False Claims, High Profile Cases, Money LaunderingThe Fifth Circuit’s letter to counsel in Minor indicates, sadly, that Minor’s convictions on appeal will largely be affirmed
Fifth Circuit Requests Additional Briefing in Minor
Posted in Environmental Crimes, False Claims, High Profile Cases, Money LaunderingFifth Circuit raises questions about four of the charges against Paul Minor
Swiss Seek End to Disclosure of UBS Client Names
Posted in Environmental Crimes, False Claims, Foreign Crimes, Money Laundering, Tax FraudSwiss President asks Treasurey Secretary Geithner to drop inquiry into UBS client names
Reasonable Suspicion Justifies Search of Probationer’s Home
Posted in Environmental Crimes, False Claims, Money Laundering, Searches & SeizuresReasonable suspicion is sufficient to justify a warrantless search of the home of a probationer
Guilty Plea in Bank Fraud Case
Posted in Environmental Crimes, False Claims, High Profile Cases, Money LaunderingMark McBride pleads guilty to obtaining millions of loans by fraud and by bankruptcy fraud
More Charges in Fulton County Jail Case
Posted in Environmental Crimes, False Claims, High Profile Cases, Money LaunderingInvestigation continues into inmate abuse at the Fulton County Jail
Happy Birthday to the Bard
Posted in Noteworthy CasesA character in William Shakespeare’s Henry VI, Part II, famously exclaims ”The first thing we do, let’s kill allthe lawyers.” Act 4, sc. 2. Well, April 26 is the anniversary of Shakespeare birth. And apparently judges and lawyers down the ages have had a far higher opinion of Shakespeare than he may have had of… Continue Reading
Corporate Defense: Laughter as a “Defense” Mechanism
Posted in Arguments of CounselA lighthearted article in Legal Times by Michael D. Jones of Kirkland & Ellis, “When Faced With an Angry Jury, Laughter May Be the Best Defense,” acknowledges that this era of anger over Wall Street bailouts and rampant corporate greed or fraud is an especially bad one for counsel who defend corporations. The author… Continue Reading
Bankruptcy, Corporate Criminal Investigations and Waiver of the Attorney-Client Privilege
Posted in PrivilegesAn excellent article from Legal Times, “Dead Companies Can Tell Tales,” examines how the attorney-client privilege in a corporate context survives the bankruptcy or receivership of the corporation. The article concludes that prosecutors possess considerable freedom to seek privileged information. The article references the “Filip Memorandum,” which was a revision by Deputy AG Mark Filip… Continue Reading
Summary of Substantial Eleventh Circuit Criminal Decisions Through April 8
Posted in Noteworthy CasesResuming Federal Criminal Defense Blog’s pledge to keep readers informed regarding substantial decisions in the Eleventh Circuit Court of Appeals (and the Court certainly keeps us busy), we take this opportunity to catch up. Following is a summary of substantial decisions from the end of March through April 8. “Violent Felonies” Under the Armed… Continue Reading
Eleventh Circuit Holds No Right to Counsel in Sentence Reduction Proceedings Pursuant to 18 U.S.C. § 3582(c)(2)
Posted in Right to CounselThe federal judiciary has seen a surge in proceedings for reduction of sentences pursuant to 18 U.S.C. § 3582(c)(2), primarily as a result of Amendment 706 to the Guidelines, which amended § 2D1.1 to provide a two-level reduction in the base offense level for crack cocaine offenses, and which the United States Sentencing… Continue Reading
As Economy Slumps, Fraud Is on the Rise, Including in Georgia
Posted in Fraud, Noteworthy CasesAn article on Easter Sunday in the Atlanta Journal Constitution states what most readers will probably guess—that the gloom of the economy and financial desperation are fueling an increase in cases of fraud. The article notes that Ponzi schemes, mortgage fraud and other frauds have increased nationwide as well as in Georgia. It relates some… Continue Reading
Eleventh Circuit Hands Down Latest–and Maybe Last–Chapter in the Noriega Saga
Posted in ExtraditionPanamanian strongman and dictator General Manuel Noriega was trained in the 1960s at the School of the Americas, while the School was at Fort Gulick in the Panama Canal Zone, as well as at Fort Bragg, North Carolina. Noriega is believed to have worked with the CIA from the late 1950s, being paid by the… Continue Reading