On June 27, 2024, the US Supreme Court issued its highly anticipated decision in Securities and Exchange Commission v. Jarkesy, finding that the Securities and Exchange Commission (SEC) could not impose civil penalties in an enforcement action becaus…
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For years, federal judges have been allowed to consider allegations that were ultimately rejected by a jury when sentencing criminal defendants. This practice, known as “acquitted conduct sentencing,” is offensive to basic notions of common sense…
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On June 20, 2024, the US Supreme Court issued its ruling in Diaz v. United States, upholding the conviction of a California woman who claimed she was a “blind mule,” a term used for someone who transports drugs unwittingly. The defendant, a US ci…
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Insurance fraud occurs when a person makes false claims to an insurance company to obtain money or something else of value they are not entitled to. Like other fraud crimes, there is no single form of insurance fraud, and insurance fraud charges appl…
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As people conduct more of their daily lives online, federal law enforcement officers have increasingly turned their focus to investigating and prosecuting cybercrimes. Cybercrime can include any criminal offenses committed using a digital device, suc…
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When you have been charged with a crime, effective communication with your criminal defense attorney is crucial to the success of your case. Your lawyer will guide you through the criminal process and ensure you take the proper steps to defend yourse…
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When someone is arrested and charged with a crime, they are taken into custody while awaiting trial. In many cases, a defendant can be released from custody while waiting for their trial date. To request pretrial release in federal court, the crimina…
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Someone who is charged with a federal crime but cannot avoid a conviction may be able to negotiate a plea bargain wherein there exists a possibility of probation.. A sentence of probation can be imposed as an alternative to prison. It is similar to p…
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The Federal Court Rules of Evidence control the admissibility of evidence in a federal case. The decision as to whether or not certain evidence is admitted can mean the difference between a Guilty verdict and your freedom. By carefully analyzing evid…
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For many crimes, the prosecutor must prove not only that the defendant committed the acts they are accused of, but also that they had a guilty mental state. This is the mens rea, or “guilty mind” element, and reflects the idea that, to warrant pu…
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