Crime News
Criminal Defense Articles
What Makes a Crime a Crime?
Some types of behavior everyone knows are criminal, like murder, burglary or kidnapping. But what about standing around on a street corner or parking in the wrong spot?
If the Police Pull Me Over for a Traffic Offense, Can They Search My Car and Arrest Me?
When it comes to cars and their drivers, the police have a quite a bit of latitude in what they can do. It is perfectly legal for them to pull you over for a broken taillight — even if the real reason for making the stop is because the police believe something else is going on. As long as an officer can make a plausible argument to a judge that he believed that you were in violation of some traffic law, he or she can pull you over.
White Collar Crime Case Summaries
[02/01] US v. Lyttle
In a prosecution for numerous offenses relating to the defendant's involvement in a fraudulent high-yield investment program, before which the district court had granted a government application to suspend the statute of limitations pursuant to 18 USC section 3292 while the government sought the assistance of the Hungarian government in recovering records relating to transfers of the scheme’s proceeds into Hungarian bank accounts, the district court's denial of a motion to dismiss the indictment on statute of limitations grounds is affirmed, where: 1) the evidence was sufficient to support the district court’s order; 2) section 3292 does not require that the foreign evidence sought be necessary for an indictment, nor that it be obtainable only through an official request to a foreign government; and 3) district courts may rely on ex parte proceedings when deciding to issue section 3292 orders.
[01/10] Capital Management Select Fund Ltd. v. Bennett
In a securities fraud action stemming from a broker's rehypothecation or other use of securities and other property held in customer brokerage accounts, the district court's dismissal of all claims is affirmed, where the plaintiffs failed to make sufficient allegations that their agreements with the broker misled them or that the broker did not intend to comply with those agreements at the time of contracting.
[01/04] US v. Wright
Convictions and sentencing of defendants for honest services fraud and mail fraud are vacated where Skilling v. US, 130 S. Ct. 2896 (2010), requires a new trial on the honest services fraud convictions and that prejudicial spillover tainted defendants' mail fraud convictions.
[12/19] US v. Ferguson
Judgments of conviction of insurance company executives for conspiracy, mail fraud, securities fraud, and making false statements to the Securities and Exchange Commission are vacated and cases are remanded for a new trial where the district court abused its discretion by admitting prejudicial stock-price data to prove the materiality of misstatements to a reasonable investor.
Criminal Defense Frequently Asked Questions
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