The defendant business in U.S. v. Chaplin’s was a jewelry store in Atlanta from which the defendant, an employee, sold jewelry on a cash basis to persons he knew to be drug dealers. In one instance an undercover IRS agent posing as a narcotics trafficker purchased expensive jewelry in cash…
Bradley and codefendants were convicted of conspiracy to commit wire fraud, mail fraud and money laundering along with other federal statutes. Bradley, the lead defendant, owned “Bio-Med Plus,” a pharmaceutical wholesaler that purchased and sold blood-derivatives (intravenous immune globulin) used to treat patients with HIV. The fraud Bradley committed was…
The facts of U.S. v. Hill can be summarized as a scheme to obtain over 300 mortgage-backed loans for buyers who used the loans to purchase houses and condominiums from Hill and his associates for more than market value. Almost all of the loans went into default causing losses of…
In U.S. v. James the defendant appealed his conviction and sentence of 262 months for possession with intent to distribute less than 5 grams of cocaine. James was convicted following a trial on the lesser charges that he distributed more than 5 grams. There were two issues raised in this…
Childers v. Floyd involved a federal habeas petition by Wyon Childers who claimed the Florida state courts violated his rights under the Sixth Amendment’s Confrontation clause. In this En Banc decision the court found that because there was an adjudication in the Florida state courts on the merits of the…
Though Duke v. Allen does not involve a white collar offense, it is important because it touches on a person’s Fifth Amendment right to remain silent at trial. When an person exercises the right not to testify at trial, the prosecutor can not make any comment about it in closing…
On May 27, 2011, the U.S. Attorney Miami filed charges against four individuals in connection with the Scott Rothstein’s fraudulent Ponzie scheme. Rothstein has already pled guilty and sentenced to 50 years for operating the fraudulent operation from 2005 through November 2009, through his law firm, Rothstein, Rosenfeldt, and Adler,…
In Gilbert v. U.S. the Eleventh Circuit Court of Appeals ruled en banc that the savings clause of 28 U.S.C. §2255 does not permit a federal prisoner to challenge his sentence through a habeas petition under 28 U.S.C. §2241 if he was otherwise barred by §2255 from filing second or…
This is one of those rare cases where the court of appeals found a Rule 29 motion should have been granted because the facts were insufficient to support a conviction of the charges. In U.S. v Friske the defendant was charged with attempting to obstruct a forfeiture proceeding by attempting…
On May 14, 2011, FBI agents in Miami arrested Hafiz Muhammad Ali Khan, 76 year-old Imam, on charges of conspiracy along with four other family members to give financial aid to terrorist activities of the Taliban rebels in Pakistan. The indictment alleges specifically that they sent $50,000 to insurgents for…