News and Blog

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
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…
Categories: Federal Law, Securities
Rosemond Rights at Trial After Proffer

Rosemond: A Criminal Defendant's Rights at Trial After a Proffer

On November 1, 2016, in United States v. Rosemond, the Second Circuit Federal Court of Appeals found that the Southern District Court of New York violated the Sixth Amendment by improperly requiring a defendant to limit his defense in a murder trial.…
Categories: Federal Law
Hope Lefeber Quoted in Fo…

Hope Lefeber Quoted in Forbes and The Inquirer

A federal court indictment accuses David T. Shulick, an attorney and former president of the Delaware Valley School Management Corporation, of embezzling funds from the Philadelphia School District, wire fraud, bank fraud, and tax fraud. Prosecutors…
Jury

Undermining the Role of the Jury?

The right against self-incrimination is a cornerstone of American jurisprudence, spelled out in the Fifth Amendment to the United States Constitution. In practice, the right against self-incrimination often comes into conflict with the justice system…
Categories: Federal Law
Circuit Court Ruling

Motion to Suppress Should Have Been Granted – U.S. v. Lull (4th Cir. 2016)

In this case, the Fourth Circuit ruled that the Motion to Suppress should have been granted because the search warrant application omitted material information about the reliability of the confidential informant, including the informant’s arrest on…
Insider Trading

Insider Trading Based on Third Hand Stock Tips?

On September 28, 2016, Amy Howe wrote on SCOTUSBlog about a troubling trend in the federal prosecution of insider-trading cases. Instead of going after high-profile Wall Street traders, federal prosecutors have been targeting recipients of third-hand…
Categories: Securities
Circuit Court Ruling

No Requirement of Actual Harm for Vulnerable Victim Enhancement

In United States v. Adeolu, No. 14-3610, 2016 WL 4728003, the Third Circuit held that the vulnerable victim enhancement at U.S.S.G. § 3A1.1(b)(1), does not require actual harm to the victim, only a nexus between the victim’s vulnerability and the…
Social Media is Not Self Authenticating

Third Circuit Court of Appeals Finds Social Media Accounts Are Not Self-Authenticating

In a 2013 case, Defendant Tony Browne was charged and ultimately convicted of child pornography and sexual offenses with minors. Part of the government’s case against Mr. Browne included a record of Mr. Browne’s Facebook “chats” with minors.…
Categories: Federal Law
StingRay Cell Phone Locator

StingRays: Federal District Court Ruling on Warrantless Use of Locator Devices

Technology is evolving faster than ever before, with new applications in every area of life, including law enforcement. I wrote back in January about police use of GPS devices to track suspects. Often, the law struggles to keep up with technological…

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