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14 Jun 2008, 9:02 am
You're under arrest. [read post]
12 Jun 2008, 8:33 pm
In In re Grand Jury Subpoena Dated July 6, 2005, 510 F.3d 180 (2nd Cir. 2007), cert. denied, 2008 WL 2047559 (2008), an attorney opposed a grand jury subpoena seeking the tapes' production on the ground that the recordings constituted opinion attorney work product, entitled to the greatest level of protection, because the topics raised by his client with the other party and captured on tape reflected the attorney’s mental impressions and… [read post]
12 Jun 2008, 8:31 pm
Let's say you're a lawyer and you're defending a client who was stopped by the police. [read post]
12 Jun 2008, 8:26 pm
P. 6(e)(3)(E)(ii), discovery of grand jury proceedings may be granted where "a ground may exist to dismiss the indictment because of a matter that occurred before the grand jury. [read post]
8 Jun 2008, 9:19 am
Rivera is also a fairly exhaustive recap of wiretap challenges: Franks omissions as to the efficacy of traditional investigations, id. at *3-*4; physical surveillance, id. at *5, use of the grand jury, id. at *6, use of agents, trash runs, interviews, pen registers and trap-and-trace devices, id. at *6; GPS, id. at *7; and the scope of the goals central to a necessity challenge, id. at *7-*8. [read post]
2 Jun 2008, 11:27 am
Habbas, No. 05-6142, 06-0427 "Defendants' convictions for obstructing a federal grand jury investigation, conspiracy to make false statements to U.S. government officials, and making false statements to a government official are affirmed over claims regarding: 1) whether the government breached one defendant's plea agreement by supporting a higher Guidelines level than what it had estimated in the plea agreement; 2) ineffective assistance of counsel due to a failure… [read post]
31 May 2008, 3:46 am
., on conspiracy, wire fraud, money laundering, false statements and tax charges.The Bank said an indictment returned this week by a federal grand jury sitting in San Antonio, Tex. alleges that from February 2003 to November 2006, Parker schemed to defraud the Export-Import Bank of the United States (Ex-Im Bank) by stealing millions of dollars in loan proceeds obtained by Mexican business owners from private U.S. lenders and causing multi-million dollar losses to Ex-Im Bank, which… [read post]
30 May 2008, 8:00 pm
But then, what did they do with the drugs they stole except turn around and re-sell them. [read post]
27 May 2008, 10:06 am
Stephens County, No. 07-10729 In a 42 U.S.C. section 1983 action for allegedly causing or failing to prevent the jailhouse death of plaintiff's son, summary judgment for defendant is affirmed where: 1) denial of leave to amend the complaint to name five of the "John Doe" defendants was proper since the statute of limitations rendered amendment futile; and 2) there was insufficient evidence for a reasonable jury to conclude that sheriff personally caused the death or acted… [read post]
27 May 2008, 9:50 am
Heath, No. 07-1215 A conviction for tax evasion is affirmed over claims of error regarding: 1) the failure of the district court to properly state a jury charge by omitting that the government had to prove that a "substantial" amount of tax was due; 2) an instruction to the jury that they did not have to find defendant's conduct "willful;" 3) the phrase "Void where prohibited by law" and a jury instruction on whether a document with such… [read post]
26 May 2008, 11:35 pm
Nor will starting up your own practice.When I decided to start my own practice on my return, it wasn't with any grand plans. [read post]
23 May 2008, 1:37 am
Kelly, however, had been convicted of two counts of grand larceny for theft of school property prior to being charged under Section 3020-a [People v Kelly, 72 AD2d 670]. [read post]
16 May 2008, 8:36 am
I think the charges can be, as they have been, put together in a fashion that will survive a motion to dismiss based on the premise that "this ain't a crime," but I don't think they make sense in terms of law or policy.Last January, I raised the grand jury investigation into Megan's death with the students in my cybercrime class and we analyzed how section 1030 COULD be used against Lori Drew. [read post]
16 May 2008, 4:27 am
., was indicted by a federal grand jury in Los Angeles, reports the city's Times. [read post]
16 May 2008, 1:47 am
Surveillance video captures the whole ordeal, which happened on Dec. 20.The new TYC special prosecution unit was amazed when the Houston County grand jury returned with a no-bill, since all the elements of the offense in the statute were plainly visible on the video:[Inspector General Bruce] Toney and Gina DeBottis, head of the Special Prosecution Unit, fear that in some counties, "friendly" grand juries and hesitant district attorneys are reluctant to… [read post]
15 May 2008, 6:51 pm
"You don't normally send people to federal prison for annoying, bullying or obnoxious conduct," he said.Levenson said, "You're talking about using a computer service to harass and abuse other people and that you should not be allowed to do. [read post]
15 May 2008, 5:39 pm
" See Also: Teen Involved in MySpace Suicide Hoax Says Adult Also Participated No Charges Will Be Filed In Cyberbullying Case Federal Grand Jury Issues Subpoenas in Teen Cyberbullying Case Megan Meier Suicide Stokes the Internet Fury Machine Prosecutor Will Review Megan Meier Cyberbullying Case [read post]
14 May 2008, 7:50 am
Last week, a federal grand jury indicted two managers of a furniture store in Columbus for aiding and abetting the submission of false claims to the federal government involving furniture rental contracts at Camp Atterbury, where McIntyre had served. [read post]
13 May 2008, 1:35 pm
Orsburn, No. 07-2584, 07-2585 Convictions for mail fraud are affirmed, but the sentences vacated and the case remanded for re-sentencing where the trial court applied the wrong Guidelines sentence when it concluded that embezzling money from the government fell under section 2C1.1 of the Guidelines which covers frauds that incl [read post]
12 May 2008, 6:38 pm
She denied her involvement to the grand jury in 2002 and has never changed her story. [read post]
