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White Collar Criminal Defense Lawyer Blog

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Jose Padilla’s sentence too lenient according to court of appeals, which also upheld all terrorist conspiracy convictions

In U.S. v. Jose Padilla, the court of appeals upheld the conviction of Padilla, commonly known as the “dirty bomber” who was held in solitary confinement for 3 years as an enemy combatant before he was indicted in Miami. Padilla along with Adham Hassoun and Kifah Jayyousi were charged with…

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The prosecution did not have to prove patient’s death was foreseeable to physician for unlawfully dispensing controlled substance drugs to patient

The defendant in U.S. v. Webb was physician charged with unlawfully distributing numerous controlled substances such as oxycodone and fentanyl. Three of his patients died as a result of their over use and he was charged with enhanced provisions of the controlled substances law and enhanced provision of the healthcare…

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The Court of Appeals enforced a defendant’s appeal waiver despite the government’s change in position regarding enforcement of the waiver

In U.S. v. Smith the defendant Smith pled guilty in Miami to the crime of distributing 50 grams or more of cocaine base. His plea agreement in federal court contained an agreement to waive an appeal of his sentence, except in three very limited circumstances: if the sentence exceeds the…

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Court of Appeals reversed sanctions against the government for bad faith prosecution under the Hyde Amendment and set aside public reprimands against prosecutors

In a 2 to 1 decision the Eleventh Circuit Court of Appeals reversed a district court’s sanctions imposed under the Hyde Amendment. The majority called this case a high stakes appeal involving the sovereign immunity of the United States, the separation of powers and the civil rights and professional reputation…

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The Court of Appeals upheld a trial court’s decision not to sever the defendant’s joint trial with co-defendants accused of slaying a drug dealer and his family

This case does not involve white collar crime. But it involves the issue of a joint trial with overwhelming bad evidence against the co-defendant, so it is still important. In U.S. v. Lopez this defendant appealed her drug trafficking conspiracy conviction. She was tried with two co-defendants, which were charged…

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A Federal sentencing court’s limitation on the issues that can be raised at a resentencing was affirmed

The Eleventh Circuit Court of Appeals decided that a district court can limit the issues that will be heard at a defendant’s resentencing. In U.S. v. Willis, the defendant was convicted in federal court of a felony drug trafficking offense and sentenced as a career offender because of his prior…

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Court of appeals vacated a criminal restitution judgment and ordered a new hearing because the government failed to link false documentation to mortgage fraud loss

U.S. v. Singletary is a classic example of mortgage fraud seen in Miami and other parts of Florida. Singletary was charged with conspiracy to defraud a federally insured bank in violation of 18 U.S.C. §1344 and other federal criminal charges stemming from a scheme to defraud mortgage lenders and the…

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The Eleventh Circuit upheld a federal bribery conviction for an Alabama County Commissioner who gave county business to an investment firm in return for cash, jewelry, and expensive clothes

U.S. v Langford is about a politician who went bad. Langford took more than $240,000 in bribes in the form of cash, clothing, and jewelry from codefendant William Blount while serving as a county commissioner in Jefferson County Alabama. Blount ran investment banking firm that specialized in underwriting and marketing…

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Florida A & M student’s conviction and sentence for hacking into the school’s computer system to make grade changes was upheld

In U.S. v. Barrington, the defendant and some friends at Florida A & M University decided to improve their grades for graduate school applications. They devised a plan to access the school’s internet based grading system using keylogger software, a program which captures every keystroke made on a computer. A…

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A pro se defendant who did not understand he had the right to testify in a narrative form is entitled to a new trial

In U.S. v. Ly the defendant was a medical doctor licensed in Georgia to practice medicine and dispense controlled substances to his patients. Ly was charged in federal court with unlawfully dispensing controlled substances by writing prescriptions made “outside the usual course of professional practice and without legitimate medical purpose.”…

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