News and Blog

Honeycutt Decision By Sup…

Honeycutt Decision By Supreme Court: Major Victory For The Defense in Criminal Forfeiture

The Supreme Court has just made an important step towards protecting defendants in criminal forfeiture.  In Honeycutt v. United States, No 16-142 (June 5, 2017), the Court held that a defendant may not be held jointly and severally liable for proper… Read More
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Fraid

Sentencing Enhancement for Number of Victims Permissible for Identity Theft Conviction Even if Victims Did Not Suffer Financial Loss

The Tenth Circuit recently found it was permissible to add a sentencing enhancement based on the number of victims, even if not all of those victims had suffered financial loss. In United States v. Gonzales, No 16-2022 (10th Cir. 2016), defendant Gon… Read More
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Categories: Fraud
Supreme Court Rules that…

Supreme Court Rules that Appellants Must File A Separate Notice of Appeal from Deferred Restitution Judgments

The Supreme Court, by a 6-2 vote, held that a defendant who wishes to appeal an order imposing restitution in a deferred restitution case must file a separate notice of appeal from that order; if he/she fails to file such an appeal and the government… Read More
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Categories: Federal Law
Bank

Second Circuit: Withdrawal of Funds From ATM Does Not Trigger “Financial Institution” Enhancement under U.S.S.G. §2B.1(b)(16)(A) and A Simple Contractual Relationship Does Not Constitute An Abuse of a Position of Trust under §3B1.3.

In United States v. Huggins, 844 F. 3d 118  (2d Cir. 2016) the Second Circuit found that merely withdrawing money from a bank’s ATM does not trigger a sentencing enhancement under § 2B.1(b)(16)(A), which generally adds a two-level enhancement for… Read More
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Categories: Federal Law
Fraid

Seventh Circuit Holds That Amount of Loss for Sentencing Enhancement, Restitution and Forfeiture Requires “Reasonable Forseeability” and “Proximate Cause”

In a very important case, the Seventh Circuit departed from the overwhelming majority of cases that with a broad brush, enhance defendants for the full amount of the fraud and order forfeiture and restitution in the full amount, regardless of a defen… Read More
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Categories: Federal Law, Fraud
SUPREME COURT PROTECTS SE…

SUPREME COURT PROTECTS SENTENCING GUIDELINES FROM VAGUENESS CHALLENGES

On March 6, 2017, the U.S. Supreme Court in Beckles v. United States unanimously held that defendants cannot challenge the federal Sentencing Guidelines as unconstitutionally vague because they are recommendations subject to a judge’s discretion, n… Read More
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Categories: Federal Law

Ineffective Assistance of Counsel: Supreme Court to Decide Whether Prejudice is Required

Recently, the Supreme Court agreed to hear Weaver v. Massachusetts, No. 16-240, and answer the question of whether a defendant who receives inadequate representation from his lawyer must also prove that he was prejudiced by the ineffective assistance… Read More
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Categories: Federal Law

Proposed Amendments To Federal Sentencing Guidelines

In December, 2016, the United States Sentencing Commission proposed certain amendments to the federal sentencing guidelines that would be helpful for first offenders in that a 1-2 point reduction in the sentencing guidelines has been proposed. Part A… Read More
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Bank

Federal Bank Fraud: Defendant Need Not Intend to Defraud the Bank

The U.S. Supreme Court, in Shaw v. United States, held that a violation of the federal bank fraud statute does not require a finding of intent to defraud the bank. In this case, Lawrence Shaw stole over $300,000 by using fraudulent personal informati… Read More
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Categories: Fraud
U.S. Supreme Court Holds…

U.S. Supreme Court Holds No Pecuniary Benefit Necessary for Criminal Liability for Insider Trading

Today, the U.S. Supreme Court upheld the conviction of Balman, a Chicago grocery wholesaler, who received stock tips from a friend, who had received the inside information from Salman’s brother-in-law, an investment banker at Citigroup. The issue b… Read More
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Categories: Federal Law, Securities

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