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
Tag Archives: Court
Eleventh Circuit Holds Drug Trafficking Not an “Offense Against the Law of Nations”
Posted in International LawArticle 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
The Jones GPS Case Gives Rise to New Question Re: Cellphone Location Data
Posted in Searches & SeizuresWe have discussed the case of U.S. v. Jones, in which the U.S. Supreme Court held in February that the attaching of a global positioning satellite (GPS) device constituted a search. Well, the government is attempting to re-try the defendant, Antoine Jones. And this time it is seeking to introduce location data from Jones’ cellphone… Continue Reading
Former FirstCity Bank CEO Sentenced to 12 Years for Multimillion Fraud Scheme
Posted in Bank FraudFormer 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
Government Re-Charges Former Goldman Sachs Programmer Whose Convictions Were Reversed
Posted in CybercrimeSergey Aleynikov, who was convicted in 2009 for stealing and transferring proprietary “source code” belonging to Goldman Sachs, only to have his convictions reversed by the U.S. Court of Appeals for the Second Circuit earlier this year, has been indicted again.
60 Federal Judges and Prosecutors File Brief in Shaygan Prosecutorial Misconduct Case
Posted in Prosecutorial Misconduct, UncategorizedAs 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 UncategorizedThe 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
Supreme Court Holds Stolen Valor Act Violates First Amendment
Posted in FraudIn the midst of handing down decisions on matters of wider import, such as healthcare and immigration, the U.S. Supreme Court last week struck down the Stolen Valor Act, a 2006 Federal statute which made it a Federal crime to make false statements regarding receiving military honors, as reported in Army Times. The 6-3 majority… 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 AcquittalThe 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 MiscellaneousAs 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 CasesThe 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, FraudLexington, 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 CybercrimeSergey 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, SentencingImage 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
Julian Heicklen, 80 Year-Old Jury Nullification Advocate, Charged With Jury Tampering
Posted in Noteworthy Cases"No free man shall be captured, and or imprisoned, or disseised of his freehold, and or of his liberties, or of his free customs, or be outlawed, or exiled, or in any way destroyed, nor will we proceed against him by force or proceed against him by arms, but by the lawful judgment of his… Continue Reading
Florida Construction Firm and VP Acquitted on Federal Bribery Charges Due to “Botched” Indictment
Posted in AcquittalM.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 CrimesThe 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 CasesImage 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
Defendants Acquitted in Second Alabama Gambling/Bribery Case
Posted in AcquittalA jury in the U.S. District Court for the Southern District of Alabama acquitted Alabama State Senators Larry Means, Jim Pruett and Harri Anne Smith; Milton McGregor, the owner of VictoryLand casino, outside of Montgomery; Tom Coker, a lobbyist for the casino industry; and Jay Walker, a spokesman for Country Crossing Casino, on all counts,… Continue Reading
Execs of Medical Laser Manufacturer Acquitted on Most Counts
Posted in Acquittal, FraudAs 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 FraudSteven 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
Former Cartersville, GA, Mayor Sentenced for Mortgage Fraud
Posted in Fraud, Mortgage and Foreclosure FraudH. Gregory Cordell, the former Mayor of Cartersville, Georgia, was sentenced to over two years imprisonment last Friday in the U.S. District Court for the Northern District of Georgia for mortgage fraud, as reported by the Chattanoogan. According to statements by the U.S. Attorney’s Office for the Northern District of Georgia, Cordell inflated the purchase… Continue Reading
9th Circuit Pushes Back Against DOJ; Names Names In Case of Prosecutorial Misconduct
Posted in Governmental Misconduct, MistrialThe U.S. Department of Justice and the Ninth Circuit Court of Appeals have come into conflict over misconduct by an Assistant U.S. Attorney which resulted in a mistrial, and the issue of whether prosecutors who engage in misconduct are entitled to have their names withheld from legal decisions. On the second day of the trial of… Continue Reading
Alabama Pharmacy Owners Acquitted In $29 Million Scheme to Defraud Medicaid
Posted in AcquittalFrom al.com–the owners of a pharmacy in Loxley, Alabama, near Mobile, were found not guilty yesterday following a jury trial in the U.S. District Court for the Southern District of Alabama. Tony Eric Mosley and James Goins, owners of Hemophilia Infusion Manager, were charged with other defendants for allegedly scheming to defraud Alabama Medicaid out… Continue Reading