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FinCEN Opens 2017 with SAR Sharing Guidance for Casinos

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Financial institutions’ ability to share suspicious activity reports (“SARs”) within the corporate organizational structure serves as an important tool for Bank Secrecy Act compliance and risk avoidance.  FinCEN began 2017 by reminding casinos of their ability to share information under this rule. Subject to certain limitations, casinos may share with domestic parents and affiliates suspicious activity reports and related information under the Bank Secrecy Act (“BSA”).  FIN-2017-G001 (January 4, 2017).  Under this guidance, such sharing assists casinos in discharging their responsibilities with respect to enterprise-wide risk management and compliance, and facilitates a casino’s ability to identify suspicious transactions.  This guidance also reinforces FinCEN’s 2014 Advisory to financial institutions regarding promoting a culture of compliance, which is achieved in part by ensuring information is shared throughout…

"In the Mold of Scalia or Alito: Recent Criminal and Habeas Decisions of Judges Pryor and Sykes"

Death Penalty Defense in Las Vegas

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Thirty-seven states have enacted death penalty laws. Nevada is one of these. Capital punishment is only used in highly specific circumstances. In Nevada, this means first-degree murder cases. If you are facing a murder trial, then you need to contact a death penalty defense attorney in Las Vegas. Capital punishment, otherwise known as the death penalty, is the severest consequence that any court can impose. Because the punishment is so severe, the crime must be similarly serious. To convict someone of first-degree murder, it is necessary to prove that their actions were deliberate and premeditated. Homicides that occur during another crime like rape or kidnapping may also be categorized as murder in the first degree. If a jury should arrive at a guilty verdict in a first-degree murder case, then the sentencing phase begins. Not everyone who is convicted of this crime will receive the death penalty. Some may be sentenced to life in prison without parole or may only become…

Disorderly Intoxication VS Disorderly Conduct In Okaloosa County

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And The Penalties For Each In Florida, there are many charges that tend to overlap because the Florida legislature has a tendency to err on the side of allowing law enforcement and prosecutors a lot of discretion on how to charge individuals. That is why in many cases, the suspects are charged with duplicative crimes and if the respective state attorney doesn’t see the error, these subsequent prosecutions inevitably violate double jeopardy protections. Therefore, it is of vital importance that a criminal defense attorney be keenly aware of these potential issues, should they arise. An area where we see a great deal of overlap is in certain classes of misdemeanor offenses. These are: Assault Battery Affray Resisting Arrest Disorderly Conduct (Breach of Peace) Disorderly Intoxication (Public Intoxication) These last two, Disorderly Conduct and Disorderly Intoxication are commonly mixed up, but they do have differences: Disorderly Intoxication (Public Intoxication) Under…

What Makes a Crime a Hate Crime?

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Especially in the recent weeks, we've been hearing a lot about hate crimes. However, exactly what constitutes a hate crime is not often obvious, is rarely explained, and can be difficult to understand. Unfortunately, every crime has the potential to be a hate crime, depending on who it was committed against, and why. Luckily, legally speaking, hate crimes work in some of the same ways that crimes of domestic violence work. These similarities make it easier to understand how hate crimes can impact a criminal charge against you. Crimes of Domestic Violence A crime of domestic violence is just any other crime – like assault, or battery, or sexual assault – that is done to a particular group of people: Household members. A “household member,” for purposes of Maine's domestic violence laws, includes blood relatives, current or former spouses, and most commonly, sexual partners. If the victim of a crime is not a household member, then the crime…

Fatal Injury Crash in Preston, ID

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 1/10/2017 at 12:10 a.m. Please direct questions to the District Office On January 9, 2017, at approximately 6:55 p.m., Idaho State Police investigated a crash on southbound US91, near 350 E, in Preston, ID. Manuel Davila-Martinez, 59, of Preston, ID. was driving a 1974 Chevrolet pickup, attempting to enter the left-hand turn lane from the left travel lane. He lost control of his vehicle on the ice and entered into the oncoming lane of travel. Amanda J. Baker, 34, of Preston, was driving northbound on US91 in a 1998 Jeep Grand Cherokee. Davila-Martinez entered her lane of travel, striking Baker's vehicle head-on. Neither Davila-Martinez, nor his passenger, Gildardo…

Igualdad, hambre, sentencia, homosexuales

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¿Igualdad? Juan nació en un caserío del Distrito de Lagunas, Provincia de Yurimaguas, Región Loreto, la naturaleza fue su compañera y educadora conjuntamente con sus padres que apenas sabían leer, Pedro en el seno de una familia acomodada rodeado de servidumbre, confort occidental estudió en los mejores colegios limeños y se graduó en el extranjero pues sus padres querían educarlo bien.  Hoy Juan es albañil y trabaja en la casa de Pedro. ¿Igualdad? Los homosexuales están de fiesta, ¡marcharán disfrazados o medios calatos  pues el Perú se coloca en la línea de la historia hacia un país más igualitario!, tienen idea del ¿por qué están tan contentos? Un fallo de Primera Instancia reconoce el matrimonio entre dos hombres, uno veterano  y barbado, (peruano) y otro mexicano celebrado en octubre del…

Thoughts On Statutory Interpretation—For Tax Specialists, Too

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Brett M. Kavanaugh, Fixing Statutory Interpretation, 129 Harv. L. Rev. 2118 (2016).Robert A. Katzmann, Response to Judge Kavanaugh’s Review of Judging Statutes, 129 Harv. L. Rev. F. 388 (2016). Kristin Hickman Tax specialists are no strangers to the exercise of statutory interpretation. The Internal Revenue Code is an enormously complex statute, with all of the overlapping provisions, competing goals, and specificity interspersed with ambiguity that one would expect to accompany that complexity. And mastering the tax policy aspects of the Code is hard enough that tax specialists might be forgiven for reducing the exercise of statutory interpretation to short statements about considering the Code’s text, history, and purpose, or the “spirit” of the tax laws. A recent exchange between two prominent federal judges—Chief Judge Robert Katzmann of the Second Circuit and Judge Brett Kavanaugh of the D.C. Circuit—and the lengthier books…

Two Lanes Blocked EB I84 at Garrity

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 01/10/2017 4:46 am Please direct questions to the District Office Idaho State Police is on scene with a jackknifed semi truck eastbound I84 at mile marker 38.5, near Garrity. The right two lanes are blocked. Motorists should expect delays. ln/ac -------------

Loss and Failure Rates in Multi-Level Marketing (MLM)

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More than 99% of people lose money in multi-level marketing (MLM). In Chapter 7 of Dr. Jon Taylor’s book, The Case (For and) Against Multi-Level Marketing, he details the failure rates of participants in multi-lievel marketing companies. In order to analyze the true failure rates and to calculate actual profits or losses from participation in these (improperly termed) “business opportunities,” it is necessary to wade through confusing and incomplete disclosures and to estimate figures that are critical but not provided by the companies. Dr. Taylor completes a thorough analysis of the numbers. Of the hundreds of multi-level marketing companies active in the United States, Dr. Taylor could find income disclosure statements for only 30 of them. What are the others hiding? The analysis of these 30 income disclosure statements was completed through the following process: 1. Obtain Average Earnings Statistics – These purport to show the average earnings by…

Update: Two Lanes Blocked EB I84 at Garrity

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 01/10/2017 5:13 am Please direct questions to the District Office **Update** All lanes are open eastbound I84 at mile post 38.5. ln/ac ************************* Idaho State Police is on scene with a jackknifed semi truck eastbound I84 at mile marker 38.5, near Garrity. The right two lanes are blocked. Motorists should expect delays. ln/ac -------------

The Problem With Jeff Sessions

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Senate confirmation hearings will begin today over the nomination of Jeff Sessions, of all people, as Attorney General of the United States. This makes some people who are concerned about criminal law reform and civil rights angry. It’s understandable, as Jeff Sessions represents none of the qualities in an AG that we would hope for. But what did we expect? Did anyone seriously think Trump was going to nominate Ramsey Clark? Will Sessions be as awful an AG as anticipated? Maybe. Maybe not. There are issues that should, under other circumstances, make his confirmation hearings contentious, such as his omissions on his disclosures, not to mention the same reasons why the Senate refused to confirm him as a federal judge. They will be raised. Sessions will be confirmed anyway. And Sessions will join a group of others who served in the office of Attorney General. Like Dick Thornburgh, John Ashcroft and Alberto Gonzalez. Remember them? They sucked, each and every one of them,…

Injury Crash on US91

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 1/10/2017 at 5:44 a.m. Please direct questions to the District Office On Monday, January 9, 2017, Idaho State Police investigated a two vehicle injury crash on US91 near Red Rock road in Bannock County. Andrew Cox, 25, of Lewiston, UT, was driving northbound on US91 in a 1997 Toyota T100 pickup, when he lost control and entered the southbound lane. His vehicle collided with a 2016 Ford Explorer, driven by Chase Saxton, 22, of Preston. Saxton was transported by personal vehicle to Franklin County Medical Center. Cox was transported by ground ambulance to Portneuf Medical Center. Cox was wearing a seatbelt. It is unknown if Saxton was wearing a seatbelt. The lanes were blocked…

Crash Blocking Left Lane Westbound I84 At Eagle

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 01/10/2017 6:00 am Please direct questions to the District Office Idaho State Police is on scene of a crash westbound on I84 at mile marker 46, between the Eagle off ramp and the overpass. The left lane is blocked. Motorists should expect delays. ln/neh -------------

Andy Cuomo Starts His Run To Be The Next President

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He’s got problems. He’s not black. He’s not Muslim. He’s not undocumented. He’s not transgender, or even gay from what we can tell. And he doesn’t have a vagina. He lacks every apparent qualification necessary for nomination by the Democrats. But that won’t prevent Mario’s boy from doing everything he can to achieve what his father couldn’t. New York Governor Andrew Cuomo has begun his run for the presidency. Delivering the first of six State of the State addresses planned around the state this week, Gov. Andrew M. Cuomo on Monday located the cure to the nation’s political fever in New York State, implicitly offering himself as an antidote to a president-elect whose name went unmentioned. “New York knows that our progressive principles of acceptance and diversity are not the enemy of our middle class, and we know that middle-class success is not the enemy of our progressive beliefs,” he said. “In…

Doleac on Externalities of State DNA Database Laws

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Jennifer L. Doleac (University of Virginia - Frank Batten School of Leadership and Public Policy) has posted How do State Crime Policies Affect Other States? The Externalities of State DNA Database Laws on SSRN. Here is the abstract: State and...

OH6: Because OH limits minor misdemeanor searches more than the 4A, search of def because of marijuana flakes on shirt was unreasonable

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Defendant was a passenger in a vehicle stopped for suspicion the driver had a suspended DL because of a computer check. Defendant was made to get out of the vehicle despite being blind. The officer noted marijuana flakes on his … Continue reading →

North Carolina Supreme Court Upholds Search of Vehicle Located on Premises as Within Scope of Search Warrant

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The North Carolina Supreme Court in State v. Lowe (December 21, 2016) ruled that a search warrant validly authorized a search of a vehicle parked on the driveway of the premises and within its curtilage, and it reversed a contrary ruling by the Court of Appeals (State v. Lowe, 774 S.E.2d 893, 21 July 2015). This post discusses the supreme court’s ruling. Facts. On September 24, 2013, a detective obtained a search warrant for 529 Ashebrook Drive in Raleigh. The affidavit alleged that the detective received (anonymous) information that Michael Turner was selling, using, and storing narcotics at this address, and he had been charged with various drug offenses dating back to 2001, including possession with intent to sell or deliver methamphetamine, cocaine, and heroin. It also alleged that earlier on September 24, 2013, the detective had collected a bag of refuse from a garbage container that was at the curb in front of the address. The bag contained correspondence to Michael…

"Want to fix gun violence in America? Go local."

Puppy Bowl

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At Volokh Conspiracy, David Post writes about the sudden appearance of dogs on planes. I have taken a number of airplane trips over the past month or so, and I noticed, on each of the flights I took, that there were dogs on board — not in carriers, but sitting on the laps, or in the arms, of their owners. It struck me as odd, and now, thanks to an interesting and informative article by Karen Elliott and Rebecca Lightle in The Washington Post a few weeks ago, I have an idea about what’s going on. How he was unaware until a few weeks ago, or later if he just read the old post, of the comfort critter phenomenon is a question that only he can answer. It’s not like it hasn’t been mentioned before. But the “sudden” pervasiveness of comfort animals on planes gives rise to an epiphany. As Elliott and Lightle explain, the Americans With Disabilities Act requires places of public accommodation such as restaurants and transportation carriers to allow…
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