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Articles Posted in White Collar Crime

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Politics and Criminal Law: The Curious Case of Tom Delay and Reversal of His Convictions for Money Laundering

Politics impacts many of our criminal cases here in Atlanta, throughout Georgia, Florida and Alabama, and in federal cases we do throughout the country. The intersection of politics and criminal prosecutions is especially prevalent in public corruption investigations. Prosecutors often have a political motive in “going after” a particular defendant,…

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Reversal of Federal Criminal Case Because Trial Judge Prevented Defense From Presenting Important Evidence

I recently posted about how we convinced the United States Court of Appeals for the Eleventh Circuit here in Atlanta to reverse the federal criminal case against our radiologist client because the trial judge prevented us from using important “peer review” testimony from another doctor who would have told the…

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Federal Criminal Sentencing Hearings: Constitution Mandates That Judge Use Older Version of Sentencing Guidelines if it Helps the Defendant

We do lots of sentencing hearings in federal criminal cases, here in Atlanta, throughout Georgia and other parts of the country, like Florida, Alabama, New York, California and Tennessee. Whatever state they are in, all federal judge are first required to consult the Federal Sentencing Guidelines when deciding the appropriate…

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Federal Criminal Charges Against Public Officials: U.S. Attorney Announces Indictment Naming State Legislator

Federal Criminal Charges were announced yesterday here in Atlanta by the U.S. Attorney. The feds have indicted a well-known State legislator, Representative Tyrone Brooks. According to the indictment, Representative Brooks committed mail fraud, wire fraud, and tax crimes. The grand jury returned a 30-count indictment which charges that, from the…

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Public Corruption Cases in Federal Court: New York Arrests Show the Feds Keep Using “Honest Services” Fraud to Go After Politicians

Many public corruption investigations turn into federal criminal cases, here in Atlanta and around the country. Our firm is involved in several of these matters right now. Most of these “white collar” cases result in our clients being charged with some variety of fraud. The feds almost always resort either…

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“You Have the Right to Counsel, But We Are Going to Take Away Any Money You Have to Hire the Type of Lawyers Who Specialize in Federal Cases”: Contrasting Gideon v. Wainwright With Federal Pretrial Forfeiture Laws

As I noted in this post, on Tuesday the Supreme Court granted certiorari in Kaley v. United States, a case calling on the Justices to answer the question of whether the Sixth and Fifth Amendments afford a Defendant the right to a pretrial hearing to challenge the seizure of her…

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Federal Criminal Defense Difficult when Government Freezes Client’s Assets: Supreme Court Finally Agrees to Hear Case About Whether Prosecutors can Obtain Pretrial Restraint of Assets Without a Hearing

Defending federal crimes is always difficult, whether the client is a “white collar” defendant charged with fraud or whether prosecutors charge other crimes, like drug violations. However, the defense is made more difficult in federal court by virtue of the prosecutor’s ability to sometimes freeze and then forfeit all of…

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Bankers Get Indicted: New Crimes still require Old Approaches

More and more both here in Atlanta and around the country we see news stories about bankers getting indicted, financial professionals being accused of fraud, and other white collar criminal actions brought against people working in the financial sector. Also, in a recent post, I wrote about a federal criminal…

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Federal Criminal Convictions Reversed Even When Lawyers Failed to Make Argument: No One Bothered to Look at Whether the Defendant’s Actions Were “Contrary to Law”

In an amazing opinion issued in Atlanta by the Eleventh Circuit, the court reversed a series of federal criminal convictions because the indictment did not even charge a crime. And, they did so even though none of the lawyers for either side bothered to address whether the indictment properly charged…

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