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Indictment in the Sir Robert Allen Stanford Case/Stanford to Be Arraigned in Houston Today

Posted in High Profile Cases

Sir 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

Syed Haris Ahmed Trial: Allegations

Posted in Terrorism

  By 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 Terrorism

  The 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 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

Justice Souter on Criminal Law

Posted in Noteworthy Cases

              Supreme 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 Cases

Yet 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 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

Happy Birthday to the Bard

Posted in Noteworthy Cases

A 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

Bankruptcy, Corporate Criminal Investigations and Waiver of the Attorney-Client Privilege

Posted in Privileges

An 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 Cases

            Resuming 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 Counsel

          The 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