Header graphic for print
Federal Criminal Defense Blog Federal Criminal Defense and Civil Litigation in Georgia and Beyond

Tag Archives: Court

Georgia Politicians and Activists Protest President Obama’s Federal Judicial Nominees

Posted in Federal Courts

Last Thursday, President Barack Obama nominated U.S. District Court Judge Julie E. Carnes to serve on the U.S. Court of Appeals for the Eleventh Circuit. At the same time, the President nominated Georgia Court of Appeals Judge Michael P. Boggs, DeKalb County State Court Judge Eleanor Louise Ross, and attorneys Mark Howard Cohen and Leigh… Continue Reading

Thomaston, GA, Woman Pleads Guilty to Identity Theft and Tax Fraud

Posted in Uncategorized

Edna Yvonne Orr Goff, of Thomaston, Georgia, pled guilty last Thursday in the U.S. District Court for the Middle District of Georgia, to charges of conspiracy to file false federal tax returns and aggravated identity theft, according to BainbridgeGA.com. Goff was alleged to have stolen taxpayer identity information and prepared and filed false tax returns. Goff gained… Continue Reading

Second Circuit Reverses Attorney’s Conviction for Exclusion of Public from Jury Selection

Posted in Jury Selection

Raghubir Gupta, a New York attorney, was convicted in 2008 in the Southern District of New York of preparing fraudulent immigration applications and sentenced to 51 months’ imprisonment. On Friday, the U.S. Court of Appeals for the Second Circuit reversed Gupta’s conviction, holding that the trial court violated Gupta’s Sixth Amendment rights by excluding the… Continue Reading

Eleventh Circuit Holds Drug Trafficking Not an “Offense Against the Law of Nations”

Posted in International Law

Article 1, Section 8, Clause 10 of the U.S. Constitution–or the “Offenses Clause”–empowers Congress “To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations.” Last week, in the case of U.S.v.Yimmi-Bellaizac-Hurtado, Case Nos. 11-14049; 11-14227; 11-14310; 11-14311, the U.S. Court of Appeals for the Eleventh Circuit… Continue Reading

Former FirstCity Bank CEO Sentenced to 12 Years for Multimillion Fraud Scheme

Posted in Bank Fraud

Former President, Chief Executive Officer, Acting Chairman and Vice Chairman of FirstCity Bank Mark A. Conner was sentenced to 12 years’ imprisonment in the U.S. District Court for the Northern District of Georgia, as reported in the Canton-Sixes Patch. He had been indicted in March, along with FirstCity Vice President Clayton A. Coe. Conner and… Continue Reading

60 Federal Judges and Prosecutors File Brief in Shaygan Prosecutorial Misconduct Case

Posted in Prosecutorial Misconduct, Uncategorized

As noted by the Wall Street Journal’s Law Blog, on Thursday more than 60 Federal judges and prosecutors filed a brief in the case of Dr. Ali Shaygan, the South Florida physician who was charged with 141 criminal counts and prevailed, as we have previously discussed here, here and here. The brief urges the the… Continue Reading

The Commerce Clause and Federal Criminal Law: No “Generalized Federal Police Power” Yet

Posted in Uncategorized

The United States Supreme Court’s determination of the constitutionality of the individual mandate provision of the Patient Protection and Affordable Care Act of 2010, 26 U.S.C. § 5000A, in June in the decision of Nat’l Fed’n of Indep. Bus. v. Sebelius, 132 S. Ct. 2566 (2012) generated much discussion of the Commerce Clause, although the… Continue Reading

Former Yankees Pitcher and 7-Time Cy Young Award Winner Roger Clemens Acquitted on All Counts in Federal Perjury/Obstruction Prosecution

Posted in Acquittal

The Federal criminal story of the week is the acquittal of former New York Yankees pitcher Roger Clemens in the U.S. District Court for the District of Columbia on two counts of perjury, three counts of making false statements and one count of obstructing Congress. The charges against Clemens arose from his testimony before Congress… Continue Reading

The Trial of Lance Emanuel Brown for the Defenestration of the Columbus Federal Courthouse

Posted in Miscellaneous

As reported in the Columbus Ledger-Enquirer, a jury in the U.S. District Court for the Middle District of Georgia convicted Lance Emanuel Brown yesterday of malice mischief, for throwing a brick through the glass door of the U.S. Post Office and Courthouse in Columbus, Georgia. Brown’s act of vandalism resulted in $1,400 worth of damage. Brown… Continue Reading

Preview of the John Edwards Trial and the Potential Problems With the Government’s Case

Posted in High Profile Cases

 The trial of former North Carolina Senator, Vice President nominee and candidate for President Johnny Reid (“John”) Edwards for alleged mishandling of campaign funds is underway in the U.S. District Court for the Middle District of North Carolina. Opening statements in the case will take place next Monday. The outcome of the trial will be… Continue Reading

KY Attorney Bryan Coffman Ordered to Forfeit Millions from Oil-Drilling Scam

Posted in Forfeiture, Fraud

Lexington, Kentucky, attorney Bryan Coffman was convicted last year in the U.S. District Court for the Western District of Kentucky on eight counts of mail fraud, nine counts of wire fraud, two counts of securities fraud, 10 counts of money laundering and one count of money laundering conspiracy. His wife, Megan Coffman, was acquitted of the… Continue Reading

Second Circuit Holds Theft of “Source Code” Not a Crime Under the National Stolen Property Act

Posted in Cybercrime

Sergey Aleynikov was convicted for stealing and transferring proprietary "source code" in violation of the National Stolen Property Act (NSPA), 18 U.S.C. § 2314, and the Economic Espionage Act (EEA) of 1996, 18 U.S.C. § 1832. Source code is computer instructions in a human-readable text. Aleynikov was a computer programmer for Goldman Sachs & Co., who developed source… Continue Reading

Atlanta Securities Lawyer Gregory Bartko Sentenced to 23 Years for Securities Fraud

Posted in Securities Fraud, Sentencing

Image source: www.gurneylawfirm.com/attorney-profile Gregory Bartko, a securities lawyer and Atlanta resident, was sentenced last Wednesday in the U.S. District Court for the Eastern District of North Carolina to 23 years’ imprisonment for securities fraud, as reported in the Columbus, Indiana, Republic. Bartko was convicted in 2010 at the conclusion of a 13-day trial on six counts… Continue Reading

Florida Construction Firm and VP Acquitted on Federal Bribery Charges Due to “Botched” Indictment

Posted in Acquittal

M.M. Parrish Construction Co., a Gainesville, Florida-based construction company and its Vice President Lloyd Whann were acquitted on bribery charges on Monday in the U.S. District Court for the Middle District of Florida, as reported by The Gainesville Sun. M.M. Parrish and Mr. Whann were alleged to have bribed Bob Williams, a former Assistant Superintendent of… Continue Reading

Southern Union Co. v. United States — Must a Jury, and not the Judge, Find the Facts Necessary to Impose a Criminal Fine?

Posted in Corporate Crimes

The U.S. Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466 (2000), held that the Fifth and Sixth Amendments of the U.S. Constitution require that any fact which increases punishment beyond the maximum prescribed by statute must be determined by a jury, rather than a judge. The Court’s holding in Apprendi led to its… Continue Reading

Edwards Retains Attorneys Who Represented Former Mistress Rielle Hunter

Posted in High Profile Cases

Image source: www.washingtonpost.com/national/us-judge-eyes-bid-by-john-edwards-to-add-defense-lawyers-who-represented-his-mistress/2012/03/15/gIQA59iiDS_story.html As reported in the Washington Post, former U.S. Senator and presidential candidate John Edwards announced yesterday in court that he would hire the same attorneys who represented his mistress, Rielle Hunter, in a lawsuit over a sex tape featuring Edwards and Hunter, to defend him against Federal charges. Edwards is charged in… Continue Reading

Execs of Medical Laser Manufacturer Acquitted on Most Counts

Posted in Acquittal, Fraud

As reported by the Colorado Springs Gazette, former Chief Executive Officer John Schulte of Spectranetics Corp., a manufacturer of medical lasers, was convicted in the U.S. District Court for the District of Colorado yesterday on one count of lying to federal investigators but was acquitted on 11 counts of conspiring to defraud the Federal government. Trung Pham,… Continue Reading

7th Circuit Reverses Mail and Wire Fraud Conviction of Contractor for Alleged Bid Rigging

Posted in Fraud, Mail/WIre/Honest Services Fraud

Steven Fenzl was the principal of Urban Services of America, Inc. ("Urban"). Fenzl was charged with alleged mail fraud and wire fraud in the U.S. District Court for the Northern District of Illinois. The charges related to alleged bid-rigging under the Sherman Act on a 2005 contract to refurbish the City of Chicago’s garbage carts…. Continue Reading