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White Collar Criminal Defense Lawyer Blog

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Trial judge dismissed fraud charges against two for lack of evidence but court of appeals saw it differently

Five co-defendants including Matthew Wheeler were charged in federal court with wire fraud, mail fraud, and conspiracy in violation of 18 U.S.C. §§1341 and 1349 for their involvement in a telemarketing scheme to defraud stock investors.  Following an eight-week trial the jury found each defendant guilty on all counts.  However,…

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Cheerleaders who kneeled during the national anthem lose free speech lawsuit

In protest of police brutality against African Americans, quarterback Colin Kaepernick decided to kneel during the pregame national anthem.  Kaepernick’s kneeling encouraged other athletes around the country to kneel as well.  A year later a group of African American cheerleaders at Kennesaw State University, a public university in Georgia, followed…

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Appeals court upholds lawsuit against Sheriff for detaining the wrong person

A deputy from the Martin County Sheriff’s Office pulled over Sosa while driving.  After checking his name in the computer system and finding an outstanding warrant for a David Sosa, Sosa explained that he had been mistakenly arrested four years earlier for the same warrant.  He told the deputy about…

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Miami Police officers’ convictions for providing protection to undercover drug dealer is upheld

Two Miami Police officers were charged and convicted in federal court with conspiracy to possess with intent to distribute over five kilograms of cocaine, for protecting drug couriers, and for possession of a firearm during and in furtherance of a drug trafficking offense.  The investigation began with an F.B.I. investigation…

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Shrimp company owner’s false claims for federal CDSOA subsidy leads to a criminal conviction

Michael Anderson owned and operated a shrimping business called Shrimpy’s in Savannah Georgia.  From 2005 through 2007, Anderson submitted CBP (Customs & Border Protection) Forms 7401 in which he falsely claimed large business expenses as part of a scheme to acquire federal government subsidies under the Continued Dumping and Subsidy…

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No error in jury instructions for trial of a man who lured a minor online by posing as a female

Phillips went to trial and was convicted of a three-count federal indictment charging him with 1) persuading, inducing, and enticing a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction, 2) receiving material containing child pornography, and possessing material containing child pornography.  He argued…

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Property owner’s lawsuit against Sheriff in Alabama for property loss fails

Mr. Spencer sued Sheriff Jonathan Benison pursuant to 42 U.S.C §1983 claiming a violation of his Fifth Amendment rights against deprivation of property and liberty rights.  He alleged that Benison ordered him to remove traffic cones and vehicles that were preventing Spencer’s neighbor from completing construction on an easement that…

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Lawsuit against a school board police officer for false arrest and involuntary commitment should not have been dismissed

Susan Khoury filed a lawsuit against the Miami Dade County School Board and Officer Williams, a school board police officer, for false arrest, excessive force, and First Amendment retaliation pursuant to 42 U.S.C. §1983.  Williams had detained and committed her for an involuntary mental health examination under Florida’s Baker Act…

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Conviction and life sentence for sex trafficking a minor and adults upheld as reasonable in light of the evidence

Williams appeals his conviction and sentence by a federal judge for the federal offense of sex trafficking involving a minor, and two adults.  The evidence presented at his trial showed Williams used physical abuse and emotional manipulation to force vulnerable young women to work for him as prostitutes.  The evidence…

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