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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…
Categories: Fraud
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…
Categories: Federal Law, Fraud
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…
Categories: Fraud
Bribery

Supreme Court Rules Against Expanded Use of Federal Bribery Laws

The misuse of the power in the context of our criminal system can have a serious impact on individuals facing charges. Overzealous prosecutors may take a simple criminal statute and begin applying it in a much broader context, in essence creating cri…
Bank

Supreme Court Will Decide Required Criminal Intent for Federal Bank Fraud Crime

A divide in the law on bank fraud may soon be resolved. The United States Supreme Court recently decided it would hear the case of Shaw v. United States in its upcoming October term. The case presents the court with a question that has divided lower…

Third Circuit Grants Ineffective Assistance of Counsel Claim

On October 20, 2014, the Third Circuit granted Dung Bui’s habeas petition in U.S. v. Bui, 2014 WL 5315061 (3d Cir, Oct. 20, 2014). Since Congress’ passing of the Antiterrorism and Effective Death Penalty Act in 1996, successful habeas petitions a…

3d Circuit Upholds Conviction for Securities Fraud For Trading On Information Learned At Alcoholics Anonymous Meeting

A financial adviser who made more than $250,000 trading on insider information he got from a fellow Alcoholics Anonymous member failed in his bid to overturn his conviction by challenging the validity of the rule he violated. Timothy McGee, who was c…

Federal Defense Attorney Hope Lefeber Discusses Recent Third Circuit Opinions

Third Circuit Spring Recap   U.S. v. Velazquez, 749 F.3d 161 (3d Cir. 2014) In U.S. v. Velazquez, the Third Circuit ruled that the government’s minimal efforts to apprehend Velazquez violated his Sixth Amendment right to a speedy trial. In 200…

Federal Criminal Defense Attorney Hope Lefeber Discusses Recent Supreme Court Case Regarding Federal Bank Fraud And Specific Intent

The U.S. Supreme Court, in Loughrin v. U.S., 573 U.S. __ (2014) held that specific intent to defraud a financial institution is not a prerequisite to a conviction under 18 U.S.C. Section 1344. Ms. Lefeber explains the case.

Supreme Court Hears Arguments On Whether Police Need Search Warrant for Cellphones

In a major test of how to interpret the Fourth Amendment and privacy rights in the digital age, the Supreme Court heard arguments today about whether the police need warrants to search the cellphones of the people they arrest. The courts have long al…

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