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
Tag Archives: law
“Chewbacca Defense” Continues to Go Unmentioned By Courts 14 Years On
Posted in Defenses, ReviewTo date, no reported decisions mention the employment of the "Chewbacca Defense" at trial, despite the passage of almost 14 years from the late Johnnie L. Cochran’s demonstration in 1998 of the novel and innovative defense on the 14th episode of the second season of the animated television show, South Park, entitled "Chef Aid." The… 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
Elena Kagan on Criminal Law
Posted in Courts and JudiciaryPresident Obama is expected to announce today his nomination of Solicitor General Elena Kagan to succeed Justice John Paul Stevens. Solicitor General Kagan has been one of the presumptive leading choices to replace Justice Stevens ever since the Justice announced that he was stepping down. Ms. Kagan has drawn criticism from both the right and… Continue Reading
Justice John Paul Stevens on Criminal Law
Posted in Courts and Judiciary, SentencingSupreme Court Justice John Paul Stevens, who notified President Barack Obama last week that he will be stepping down from the Court when its current term is over in June or July, has written nearly 400 opinions over his nearly 35 year tenure on the Court. Justice Stevens has weighed in on many occasions on… Continue Reading
DOJ Publishes Reference for Search and Seizure of Electronic Evidence
Posted in Searches & SeizuresA large portion of government searches and seizures today involve the seizure and search of electronic media and information. The manner in which such searches and seizures of electronic media and information are conducted can become critically important afterwards if criminal proceedings are instituted. Well on Tuesday, the U.S. Department of Justice’s Office of Justice… Continue Reading
The 00s:The Decade Technology Transformed the Practice of Law; Chinese Cyber-Attack on L.A. Firm
Posted in Cybercrime, MiscellaneousThe Fulton County Daily Report’s "The Snark" has illustrated, in a tounge-in-cheek manner, what has indisputably been the biggest change in the practice of law–including criminal law–over the decade just passed–technology. We have noted on this blog before that the technology boom of the last ten and more years has also presented inventive new avenues… Continue Reading
DOJ Issues New Discovery Guidelines for Prosecutors
Posted in Governmental MisconductAs set forth in the official DOJ Blog yesterday, Deputy Attorney General David W. Ogden issued three Memorandum to DOJ prosecutors no doubt intended to remedy some of the setbacks the Department suffered last year as a result of discovery violations. The subject of one of the Memos is “Guidance for Prosecutors Regarding… Continue Reading
“J4guar17″ a/k/a “Soupnazi” a/k/a Super Hacker Albert Gonzalez Pleads Guilty to One of the Largest Data Thefts in U.S. History
Posted in Cybercrime, FraudOnce again demonstrating the massive potential for crime created by our digital age, 28 year-old Albert Gonzalez pled guilty to two counts of conspiracy to gain unauthorized access to payment card networks last week in the U.S. District Court for the District of New Jersey according to a DOJ press release. Gonzalez was charged with hacking… Continue Reading
Florida Executive Sentenced in $10.5 Million Embezzlement Scheme
Posted in Corporate Crimes, False Claims, Fraud, Money Laundering, Securities FraudAlthough it may be considered small change when compared with the fraud of fellow Floridian Scott Rothstein, according to an FBI press release, Gary Ernest Williams, former Chief Financial Officer for Marian Gardens Tree Farm (MGTF) in Groveland, Florida, was sentenced to eight years imprisonment on Monday in the U.S. District Corut for the Middle District of… Continue Reading
Fort Lauderdale Attorney Scott Rothstein Pleads Not Guilty to Information Alleging $1.2 Billion Dollar Ponzi Scheme
Posted in False Claims, Forfeiture, Fraud, High Profile Cases, Money Laundering, Securities FraudIn response to allegations uncomfortably similar to those against former New York celebrity lawyer and arch Ponzi-schemer Marc Dreier, Fort Lauderdale attorney Scott Rothstein, head of Rothstein, Rosenfeldt and Adler, P.A., appeared in response to a criminal information in the U.S. District Court for the Southern District of Florida on Tuesday. The information charges… Continue Reading
Government Drops Prosecution of Miami Attorney Ben Kuehne for Receipt of Legal Fees from Drug Kingpin
Posted in False Claims, Money LaunderingLast Wednesday, the Government, through Deputy Assistant Attorney General Kenneth A. Blanco, filed a brief Motion to Dismiss Third Superseding Indictment with Prejudice seeking to dismiss its indictment against Miami, Florida, attorney Benedict P. Kuehne, and also Colombian attorney Oscar Saldarriaga Ochoa, in the criminal action of U.S. v. Velez, 1:05-cr-20770-MGC, in the U.S…. Continue Reading
Trial of Bear Stearns Hedge Fund Managers Cioffi and Tannin Gets Underway
Posted in False Claims, High Profile Cases, Money LaunderingThe trial of Bear Stearns hedge fund managers Ralph Cioffi and Matthew Tannin got underway last week. As reported by attorney Jacob Zamansky in Forbes and the New York Daily News, the parties gave opening statements on Thursday. Assistant U.S. Attorney Patrick Sinclair argued that Bear Stearns financial officer Matthew Tannin allegedly told investors on… Continue Reading
Bear Stearns Hedge Fund Managers’ Trial Begins Today
Posted in False Claims, High Profile Cases, Money LaunderingThe trial of former Bear Stearns hedge fund managers Ralph Cioffi and Matthew Tannin begins today in Brooklyn, as reported by Bloomberg. A jury will be selected today. Cioffi and Tannin are charged with allegedly causing losses of $1.4 billion to investors by misleading investors regarding the health of two Bear Stearns hedge funds, the… Continue Reading
Bear Stearns Hedge Fund Managers Gear Up for Trial; Google Releases Manager’s Private E-mails
Posted in False Claims, High Profile Cases, Money LaunderingAs reported by Chris Herring over at the Wall Street Journal Law Blog, the trial of former Bear Stearns hedge fund managers Matthew Tannin and Ralph Cioffi is scheduled to commence next Monday. And now the government has obtained Tannin’s e-mails from his private Google account. Tannin had closed the Google account on the advice of his… Continue Reading
SEC Eyes Sir Robert Allen Stanford’s Upaid Gambling Debt
Posted in False Claims, High Profile Cases, Money LaunderingAs we check back with Sir Robert Allen Standford, the most noteworthy development is perhaps that the Bellagio, a Las Vegas casino and luxury resort, filed suit against Stanford last week in a Clark County Nevada district court for an alleged $258,480 in unpaid gambling debts.The lawsuit alleges that Stanford signed for 14 markers… Continue Reading
Bear Stearns Execs Head for Trial on Wire and Securities Fraud Charges
Posted in False Claims, High Profile Cases, Money LaunderingAs is well known, Bear Stearns, one of the largest investment banks in the world, was sold to JP Morgan Chase and effectively ceased to exist in March of 2008, after two Bear Stearns hedge funds invested in collateralized debt obligations—mainly subprime home loans—and once worth approximately $1.6 billion, lost nearly all of their value…. Continue Reading
Pfizer Enters Largest Healthcare Fraud Settlement in U.S. History
Posted in False Claims, Fraud, Health Care Fraud, Money LaunderingPharmaceutical giant Pfizer, inc., will pay $2.3 billion to the Federal government and 49 States to settle allegations that it violated federal regulations in promoting several drugs, as reported by the Atlanta Journal-Constitution. The settlement is the largest in U.S. history to date in a healthcare fraud case. Georgia will receive $21.7 million as part of… Continue Reading
Sister Testifies on Behalf of Alleged Atlanta Terrorist Ehsanul Islam Sadequee; Closing Arguments and Deliberations Today
Posted in False Claims, Money Laundering, TerrorismAs reported in the Atlanta Journal-Constitution and the Associated Press, closing arguments have started in the terrorism trial of Atlanta area native and former Georgia Tech student Ehsanul Islam Sadequee. Sadequee is representing himself and will present his own closing argument. Sadequee called only two witnesses in his defense before resting his case, including his older… Continue Reading
Representative William Jefferson Convicted on 11 of 16 Counts
Posted in False Claims, High Profile Cases, Money LaunderingWe did not weigh in yesterday, but the biggest federal criminal defense news was clearly the conviction of U.S. Representative William Jefferson of Louisiana in his criminal trial in the U.S. District Court for the Eastern District of Virginia, as reported by the New Orleans Times-Picayune. The jury of eight women and four men returned a verdict… Continue Reading
Alleged Terrorist Ehsanul Sadequee Delivers Prayer and Opening Statement; Alleged Co-Conspirator Testifies
Posted in False Claims, Money Laundering, TerrorismEhsanul Islam Sadequee, 23, nicknamed "Shifa," which means "Cure," is representing himself in his trial in the U.S. District Court for the Northern District of Georgia on four counts of allegedly conspiring to provide material support to terrorism. As reported by the Atlanta Journal-Constitution and the Associated Press, Sadequee began his 14 minute opening statement… Continue Reading
Second Alleged Atlanta Terrorist Ehsanul Islam Sadequee Begins Trial; Representing Self
Posted in False Claims, Money Laundering, TerrorismWe closely followed the trial of Syed Haris Ahmed, who was convicted for providing material support to terrorism in early June–all of our posts may be found here. The trial of Ahmed’s alleged co-conspirator, Ehsanul Islam Sadequee on terrorism charges began yesterday in the U.S. District Court for the Northern District of Georgia. Sadequee has… Continue Reading
Congress Considers Over-Criminalization and Over-Federalization of Criminal Law
Posted in False Claims, Legislation, Money LaunderingAs noted at White Collar Criminal Prof Blog and The Justice Fellowship, the U.S. House of Representatives Subcommittee on Crime, Terrorism and Homeland Security held a hearing last week on "Over-criminalization of Conduct and Over-federalization of Criminal Law." Organizations which addressed the Subcommittee on issues of over-criminalization and over-federalization included the American Bar Association, the… Continue Reading
Jury Begins Deliberating Rep. William Jefferson’s Fate Following Over 2 & 1/2 Hours of Jury Instructions
Posted in False Claims, Fraud, High Profile Cases, Money LaunderingAs reported by the New Orleans Times-Picayune, Judge T.S. Ellis, III, of the U.S. District Court for the Eastern District of Virginia read instructions to the jury yesterday which lasted over 2 & 1/2 hours, and the jury retired for its deliberations in the case against former U.S. Representative William Jefferson. The jury deliberated for… Continue Reading