“Snitches Are a Dying Breed” And Other Aspects of “Outlaw” Criminal Forfeiture

US v. Joshua N. Bowser.  Appeal of:  Bradley W. Carlson.  No. 15-2258.       This appeal involves the government’s efforts to seize personal property bearing the insignia of the Outlaws Motorcycle Club (the “Outlaws”), and the effort of a representative of the Outlaws to intervene to prevent those forfeitures. The forfeiture actions stemmed from criminal...

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“God Forgives, Outlaws Don’t.” Federal Criminal Forfeiture 101

US v. Joshua N. Bowser.  Appeal of:  Bradley W. Carlson.  No. 15-2258.       This appeal involves the government’s efforts to seize personal property bearing the insignia of the Outlaws Motorcycle Club (the “Outlaws”), and the effort of a representative of the Outlaws to intervene to prevent those forfeitures. The forfeiture actions stemmed from criminal...

“God Forgives, Outlaws Don’t.” Federal Criminal Forfeiture 101 Continue reading…

Grand Jury Subpoena to Client’s Accountant: Attorney-Client Privilege May Block Production

In the Matter of GRAND JURY PROCEEDINGS, Involving William Thullen and Kenneth Dvorak, Witnesses Before the Special January, 1999-2 Grand Jury  Nos. 99-3131, 99-3317.

 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...

Grand Jury Subpoena to Client’s Accountant: Attorney-Client Privilege May Block Production Continue reading…

Grand Jury Subpoena to Client’s Accountant: Attorney-Client Privilege May Block Production

In the Matter of GRAND JURY PROCEEDINGS, Involving William Thullen and Kenneth Dvorak, Witnesses Before the Special January, 1999-2 Grand Jury  Nos. 99-3131, 99-3317.

 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...

Grand Jury Subpoena to Client’s Accountant: Attorney-Client Privilege May Block Production Continue reading…

Busted! DEA’s Use of “Stingray” Cell Phone Locator Without a Warrant is Illegal!

US v. Raymond Lambis, 15cr734 (SDNY, Judge Pauley, July 12, 2016).

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...

Busted! DEA’s Use of “Stingray” Cell Phone Locator Without a Warrant is Illegal! Continue reading…

DEA’s Use of “Stingray” Device Without a Warrant is Illegal

US v. Raymond Lambis, 15cr734 (SDNY, Judge Pauley, July 12, 2016).

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 Continue reading…

28 U.S.C. § 455 – Judge’s Failure to Recuse Himself Leads to REVERSAL

US v. Jose Herrera-Valdez, No. 14-3534

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 Continue reading…

28 U.S.C. § 455 – Judge’s Failure to Recuse Himself Leads to REVERSAL

US v. Jose Herrera-Valdez, No. 14-3534

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 Continue reading…