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Federal White Collar Crime

August 18, 2016

Third Circuit Says Government Can’t Infringe upon the Right of Allocution (U.S. v. Jason Moreno)

From July 2005 to November 2007, the defendant (Moreno) was an appraiser in a mortgage fraud scheme who for payment provided inflated appraisals to other scheme members. He also acted as broker, buyer, or seller in other fraudulent transactions. A federal jury convicted him of multiple counts of wire fraud and conspiracy to commit wire fraud. After receiving a 96-month prison, he appealed to the U.S. Court of Appeals for the Third Circuit. Two main issues: The Confrontation Clause and Moreno’s...

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March 21, 2013

Supreme Court of the United States says: The Holding of Padilla v. Kentucky Will Not Apply Retroactively

In United States v. Chaidez, No. 11–820, (February 20, 2013). The Supreme Court of the United States held that it’s earlier decision in Padilla v. Kentucky, holding that the Sixth Amendment requires defense attorneys to inform criminal defendants of the deportation risks of guilty pleas, does not apply retroactively to cases already final on direct review. Roselva Chaidez came to the United States from Mexico in 1971; she became a lawful permanent resident in 1977. In 2003, she was indicted in the U.S. District Court for the Northern District of Illinois on three counts of

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September 10, 2012

Fourth Circuit Holds that Money Laundering Applies to the Profits of Crime, Not the Expenses

In United States v. Cloud, 680 F.3d 396; 2012 U.S. App. LEXIS 10946, The United States Court of Appeals for the Fourth Circuit reversed Defendant William Roosevelt Cloud’s money laundering convictions, applying State v. Santos, 553 U.S. 507 (2008). Cloud’s convictions all stemmed from a complex mortgage-fraud scheme in which Cloud would dupe buyers with good credit into purchasing property as an ostensible joint-real estate investment with...

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September 6, 2012

Fourth Circuit Finds No FBAR Penalty Exceptions for Voluntary Disclosure and Plea Bargains

In U.S. v. Williams, 2012 U.S. App. LEXIS 15017; 2012-2 U.S. Tax Cas. (CCH) P50, 475, the United States Court of Appeals for the Fourth Circuit held that a taxpayer could be liable for significant civil penalties for failing to report interest in foreign bank accounts. The United States brought an enforcement action to collect the civil penalties assessed against defendant taxpayer Williams, pursuant to 31 U.S.C.S. § 5321(a)(5), for his failure to report his interest in two foreign bank accounts by failing to file a completed form TD F 90-22.1 (FBAR) for tax year 2000. The U.S. District...

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April 26, 2012

Employee Who Used Work Computers to Steal Trade Secrets Secures Dismissal of Charges

In United States v. Nosal, No. 10-10038, 2012 U.S. App. LEXIS 7151, the United States Court of Appeals for the Ninth Circuit held that theft of trade secrets by an employee using his work computer did not qualify as a federal crime under the statute used to charge him. The Court upheld the ruling of the United States District Court for the Northern District of California, which dismissed five counts of an indictment against defendant for failure to state an offense pursuant to the Computer Fraud and Abuse Act (CFAA),...

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