Grand Jury Subpoena to Client’s Accountant: Attorney-Client Privilege May Block Production
A grand jury investigating alleged tax fraud by Dr. Basaam Osman subpoenaed numerous documents from two accounting firms hired by his attorneys. Dr. Osman sought to...
Writ of Coram Nobis – Boilerplate Rules You Need to Know
US v. Brian Wilkozek, No. 15-1537. In 2003 Brian Wilkozek pleaded guilty to one count of mail fraud for his participation in a mortgage-fraud scheme. By the time the third-party lenders uncovered the scheme, all they could do was foreclose and sell the properties. They suffered losses of more than $700,000.
Writ of Coram Nobis – Boilerplate Rules You Need to Know
US v. Brian Wilkozek, No. 15-1537. In 2003 Brian Wilkozek pleaded guilty to one count of mail fraud for his participation in a mortgage-fraud scheme. By the time the third-party lenders uncovered the scheme, all they could do was foreclose and sell the properties. They suffered losses of more than $700,000.
Busted! DEA’s Use of “Stingray” Cell Phone Locator Without a Warrant is Illegal!
In 2015, the Drug Enforcement Administration (the “DEA”) conducted an
investigation into an international drug-trafficking organization.
As a part of that investigation, the DEA sought a warrant for pen register information and cell site location information (“CSLI”) for a...
DEA’s Use of “Stingray” Device Without a Warrant is Illegal
In 2015, the Drug Enforcement Administration (the “DEA”) conducted an
investigation into an international drug-trafficking organization.
As a part of that investigation, the DEA sought a warrant for pen register information and cell site location information (“CSLI”) for a...
28 U.S.C. § 455 – Judge’s Failure to Recuse Himself Leads to REVERSAL
Jose Gustavo Herrera-Valdez was prosecuted for illegal reentry after being deported. Before trial, he filed a motion to disqualify the District Court Judge from presiding over his prosecution because the judge served as the District Counsel for the Immigration and Naturalization Service (INS) at...
28 U.S.C. § 455 – Judge’s Failure to Recuse Himself Leads to REVERSAL
Jose Gustavo Herrera-Valdez was prosecuted for illegal reentry after being deported. Before trial, he filed a motion to disqualify the District Court Judge from presiding over his prosecution because the judge served as the District Counsel for the Immigration and Naturalization Service (INS) at...
U.S.S.G. § 2B1.1 Loss Amount: Money Paid Back to Victim Before Fraud Detected NOT Counted
Before running into legal trouble, Christian Peterson, an entrepreneur doing business in Madison, Wisconsin, owned several manufacturing and realestate development firms. He misused corporate finances, frequently making unauthorized intercompany loans and occasionally using corporate funds to pay off his personal gambling debts....
U.S.S.G. § 2B1.1 Loss Amount: Money Paid Back to Victim Before Fraud Detected NOT Counted
Before running into legal trouble, Christian Peterson, an entrepreneur doing business in Madison, Wisconsin, owned several manufacturing and realestate development firms. He misused corporate finances, frequently making unauthorized intercompany loans and occasionally using corporate funds to pay off his personal gambling debts....
Government’s Pretrial Seizure of Defendant’s Untainted Assets NOT Allowed
A federal statute provides that a court may freeze before trial certain assets belonging to a criminal defendant accused of violations of federal health care or banking laws. See 18 U. S. C. §1345. Those assets...