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Supreme Court Decides Setser: And the Last Word on Sentencing Goes to . . .
The U.S. Supreme Court recently addressed the roles of two entities that often have a substantial impact on the sentence actually served by a federal criminal defendant—state courts and the Federal...
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Supreme Court Rejects Jeffrey Skilling’s Appeal Seeking New Trial
Jeffrey Skilling, the former CEO of Enron Corp. is officially out of options for challenging his 2006 conviction on charges of conspiracy, securities fraud, insider trading and lying to auditors. The...
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Limits on Fiduciary Duties: Wherefore Art Thou?
The Ninth Circuit Court of Appeals, sitting en banc, recently decided a fraud case holding that a person may commit federal fraud and face imprisonment for breaching a broadly-defined fiduciary duty to...
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Former Illinois Governor Ryan’s Appeal Has New Life
On April 30, 2012, the U.S. Supreme Court vacated the judgment against former Illinois Governor George Ryan, who was convicted of mail fraud, racketeering, tax evasion and lying to the FBI in 2006, and...
View ArticleThe Sixth Amendment Applies to Criminal Fines Too
The Supreme Court ruled yesterday that a court may not fine a company based on facts that were not found by a jury. Several years ago, the Court had held that the Sixth Amendment guarantees a jury...
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Lying Is Still Protected Speech
In a 6-3 decision on June 28, 2012, the U.S. Supreme Court ruled that the Stolen Valor Act, which makes it a federal crime to falsely claim military awards or decorations, was unconstitutional in...
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Prosecutorial Misconduct Should Not Be Immune From Fee Awards
When the government’s position in a criminal prosecution is found to be “vexatious, frivolous or in bad faith” and leads to a dismissal of the case, the defendant ought to be able to recover attorney’s...
View ArticleMail Fraud — The Mail Must Actually Be Used to Further the Scheme to Defraud
The U.S. Court of Appeals for the Ninth Circuit recently re-emphasized that a defendant charged with mail fraud must actually be proven to have used the mails for the purpose of executing, or...
View ArticleSentencing Disparity in Federal Fraud Cases Growing: Longer Sentences, But...
What are the consequences of committing a federal white collar crime? For years, casual conversation included references to a “slap on the wrist” and short stints in “country club” prisons, where...
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SEC Enforcement Actions – No Discovery Rule Available to Extend the Statute...
The Supreme Court ruled yesterday that SEC enforcement actions against investment advisors must be filed within five years from the date of the alleged fraud, not from the date the fraud was discovered...
View ArticleCourts Must Use Sentencing Guidelines in Effect at the Time of the Offense,...
The Supreme Court, in Peugh v. United States, ruled that the ex post facto clause requires federal criminal defendants to be sentenced under the Guidelines in effect when the crime occurred, not higher...
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Supreme Court Hears Challenge to Pretrial Seizure of Assets Needed to Hire...
The Supreme Court heard oral argument recently in a case that has significant potential implications for defendants facing a pre-trial seizure of their assets, which they argue are needed to retain...
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