News & Blog

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
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.… Read More
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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… Read More
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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… Read More
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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… Read More
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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… Read More
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Categories: Securities