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Internal Company Records Used in a Fraud Investigation

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In a corporate fraud investigation, the most abundant source of information about the fraud will likely come from internal records of the company. Remember, of course, that the internal records will be not only be paper records, but will be digital as well. In fact, the volume of digital records will likely be greater than the paper records, as companies reduce the amount of paper in favor of computerized records. Typical internal records requested by a fraud investigator include accounting system data, financial statements, tax returns, sales and accounts receivable records, expense documentation, and proof of payments to vendors. The financial data requested often starts with broader requests (financial statements and tax returns) and moves toward more detailed requests (account detail, invoices, etc.). This is because the broader requests are generally used to get background information about the company and its finances. As the investigation progresses, the investigator…

N.D.Ohio: Affidavit for SW didn’t support def’s claim of standing

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Defendant relied on the affidavit for search warrant as showing his standing, but it didn’t resolve the question, so he fails in his burden of proof and lacks standing. The government showed nexus in the 61 page affidavit for residences … Continue reading →

NY2: Def ordered out of backseat of car during speeding stop resulted in admission of gun; suppressed for lack of RS

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Defendant was in the backseat of a car stopped in Queens for speeding. The officer decided he was a little too nervous and had him get out and asked him what he had. Defendant said “I have a piece.” Based … Continue reading →

ID: Search of driver while waiting for confirmation of outstanding warrant suppressed; second search after finding it was valid; no inevitable discovery

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Defendant was stopped for a traffic offense, and it came back that there might be a warrant for him. Under state practice, the police then seek confirmation of the warrant before acting on it. Here, however, defendant was frisked incident … Continue reading →

Bouie and Bari, The “Real Threats”

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Following the letter issued by the Lewis & Clark law school’s chapter of the National Lawyer’s Guild, et al., proclaiming Christina Hoff Sommers a “known fascist,” Bari Weiss took to the New York Times to say “we’re all fascists now.” The letter added that her invitation amounted to an “act of aggression and violence” and went on to offer a curious definition of free speech: “Freedom of speech is certainly an important tenet to a free, healthy society, but that freedom stops when it has a negative and violent impact on other individuals.” Yes, these future lawyers believe that free speech is acceptable only when it doesn’t offend them. Which is to say, they don’t believe in it at all. In fairness, the NLG was radically incoherent back when I went to law school as well, but Weiss took a huge chance in stating the obvious,* as it was an invitation for others to prove that she, together with Sommers,…

Vehicle Vs. Train Crash Northwest Of Bancroft

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: 03/09/2018 5:55 a.m. Please direct questions to the District Office On Thursday March 8, 2018, at 8:48 p.m., Idaho State Police investigated a vehicle vs. train crash on Nipper Road near Old Highway 30, northwest of Bancroft, Idaho. Denise L. Clapp, 56, of Lava Hot Springs, ID, was driving a 2003 Ford Escape. She was stopped on the Nipper Road railroad crossing, facing northbound, when an eastbound Union Pacific train collided with her vehicle. Upon impact, the Ford continued down an embankment were it came to rest. Clapp succumbed to her injures on scene. She was not wearing her seatbelt. Next of kind has been notified. 3451/3490 -------------

N.D.Ohio: No IAC for not raising search issue that would lose on merits by inevitable discovery

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“Nevertheless, Petitioner’s arguments for suppression do not succeed. [¶] This is because police ultimately found the firearm and ammunition from an independent source, thus defeating the need for suppression. Under the independent source doctrine, evidence that was ‘initially discovered during … Continue reading →

Do I Need to Participate in a Field Sobriety Test?

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Red, white, and blue represent freedom in the United States, but those take on a completely different meaning when you see them flashing in the rearview mirror of your car. Being pulled over can be scary and you might not be sure what to expect. If a police officer suspects that you are driving under the influence of alcohol, a simple traffic stop turns into much more. Illinois Field Sobriety Tests The National Highway Traffic Safety Administration (NHTSA) conducted a study to determine what sobriety tests are the most effective in determining if a suspect is driving under the influence. Illinois uses “Standardized Field Sobriety Tests” on individuals to determine their intoxication. It is imperative that individuals understand what these tests are so that they are better equipped should a situation arise when they are faced with the question of participating in them. Walk and Turn: This is a test that officers use to judge your balance and if you stagger while you…

Four Common Ways Car Accident Collisions Occur

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In San Jose and throughout Santa Clara County, car accidents result in thousands of serious and potentially life threatening injuries each year. While crashes and collisions generally occur as sudden, traumatic events, it is important for drivers and their passengers to be aware of the risks. In addition to being conscientious about avoiding the common types of reckless driving behaviors that make car accidents more likely to occur, such as speeding, driving under the influence, and disregarding traffic signals, you should also be aware of the most common types of collisions. Common Types of Car Accident Collisions According to the latest statistics from the California Office of Traffic Safety (OTS), more than 5,000 people in Santa Clara County are seriously injured or killed as the result of car accidents each year. Overall, this ranks us near the bottom of the list compared to other counties throughout the state. Unfortunately, the number of alcohol-related crashes we…

North Carolina’s Elective Share Law

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North Carolina’s elective share is designed to protect surviving spouses from being treated unfairly in their spouse’s will. Elective shares require that a certain percentage of the estate’s assets be left to the surviving spouse, even if the will or estate plan says otherwise. Elective share laws only come into play when a spouse is left with less than the statutory amount. These amounts are based on the length of the marriage in North Carolina. Elective Share Based on Length of Marriage A surviving spouse is entitled to a percentage of their spouse’s estate. The following percentages apply in North Carolina: If the couple was married for less than 5 years, the surviving spouse gets 15% of total net assets. 25% if the couple was married for more than 5 years, but less than 10 years. 33% if the couple was married for more than 10 years, but less than 15 years. 50% if the couple was married for 15 years or longer. Remember, the law only requires that your…

Short Take: Conor’s Corner

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At The Atlantic, the ever-thought-provoking Conor Friedersdorf ponders whether the dreaded notion of intersectionality can be a force for good as well as the scoring system for the oppression Olympics. Here is intersectionality as David French understands it: While there’s not yet an Apostle’s Creed of intersectionality, it can roughly be defined as the belief that oppression operates in complicated, “interlocking” ways. So the experience of, say, a white trans woman is different in important ways from the experience of a black lesbian. A white trans woman will experience the privilege of her skin but also oppression due to her gender identity. A black lesbian may experience the privilege of “cis” gender identity but also oppression due to race and sexuality. So far, so good. He continues: It’s identity politics on steroids, where virtually every issue in American life can and must be filtered through the prisms of race, gender, sexual…

Exploding Rifle Injures Dozens of Hunters

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Most of us rely on potentially dangerous products in our everyday lives, be it a car to get to work or a gas oven. When these items malfunction, the resulting injuries may be horrific. Recently, an exploding rifle was linked to serious injuries to dozens of hunters. Dozens of lawsuits have been filed against Savage Arms’ stainless steel 10 ML-II muzzleloader rifle. A lawsuit filed in December claimed the rifle manufacturer kept the product on the market even though it’s known to explode, reports Fox News. Savage has settled a number of lawsuits, according to reports. However, the number of people injured by the rifle may be significantly higher. Recently, the Associated Press reported on the story of Ronald Hansen, who lost hearing in his right ear and parts of two fingers on his right hand after his rifle exploded in 2015. Lawsuits over exploding rifles Hansen is suing Savage Arms over the 10 ML-II muzzleloader, and its parent company Vista Outdoor. He claims the…

Former Dept of Justice Attorney Sentenced To 30 Months For Obtaining Information About Companies Named in Qui Tam Lawsuits and Using That Information in Private Practice.

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Sometimes clients will believe that by hiring attorneys who have just left the government, they can obtain confidential information. While those attorneys have relationships with the other attorneys and agents, they have strict ethical rules where they cannot use information from a case they worked on in private practice. In an unusual and sad case, former Department of Justice attorney Jeffrey Wertkin was sentenced on March 7. 2018 to 30 months in prison for obstruction of justice and transportation of stolen property following a guilty plea last November relating to his "theft" of confidential information and documents on cases he personally was not working on and using it to obtain private clients.    According to his plea agreement, Mr. Wertkin of Washington, D.C., worked for the Civil Fraud Section of the Department of Justice from October 24, 2010, until April 12, 2016. During that time, he worked on qui tam actions pursuant to which the…

"Can We Wait 75 Years to Cut the Prison Population in Half?"

State v. Mosley – State’s Use of Hearsay Evidence at Probation Violation Hearings

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Most defendants who are facing jail time are very satisfied with a probationary sentence in lieu of incarceration.  However, defendants sentenced to probation do not always realize that the sentence comes with a list of terms and conditions with which they must comply during their period of supervision.  Some terms and conditions are fairly standard.  These typically include remaining arrest-free, maintaining employment, going to school, and remaining drug and alcohol free.  The sentencing judge can also impose more case-specific or defendant-specific terms and conditions that can be very creative, and are designed to meet the unique needs of the matter at hand. The failure to comply with the terms and conditions can result in the filing of a violation by the probation officer responsible for the case.  The Court will then schedule a hearing on the violation.  If the violation is sustained, the Court could impose penalties that range from a…

Bad Cops Are Not Held Accountable—And Majority of Police Officers Agree

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Bad Cops Are Not Held Accountable and the Majority of Police Officers Agree It has been more than three years since Michael Brown was killed by a police officer in Ferguson, MO, leading to protests which bordered on riots and calls for justice. Since that time there have been similar incidents across the United States. Many police officers now say their colleagues simply are not doing their jobs properly, and that when they do not do their jobs, they are not held accountable.   In fact, a survey found that more than half of the officers surveyed—53 percent—said their department’s disciplinary process was not fair, and nearly three-quarters of those surveyed claimed officers who “consistently do a poor job,” are not held accountable for the poor performance. This particular survey included 7,917 police officers in 54 different police departments. Some of the responses came after five police officers were shot by a sniper in…

Texas Judge Ordered Defendant on Trial Electrocuted, Defendant Gets New Trial Ordered

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A very strange and appalling case out of a Fort Worth, Texas district court has made national news, but this time its not for the actions of the defendant. Judge George Gallagher from Tarrant County, Texas, ordered his bailiff to electrocute Terry Lee Morris with a stun belt when he would not directly answer the judge’s questions. The federal Fifth Circuit Court of Appeals has explained that the stun belt “delivers a 50,000 volt electrical shock to the wearer when activated.” Chavez v. Cocktrell, 310 F.3d 805, 807 n.1 (5th Cir. 2002). Morris was ultimately shocked three times. Morris, who was on trial for soliciting sexual performance from a minor, was trying to object with the court proceeding with the trial and would not answer the judge’s questions directly. Morris was complaining that he had a pending lawsuit against the judge and his defense counsel in the case. Gallagher ordered his bailiff to shock Morris. After the first shock, this…

ROAD DEATHS CAUSED BY IMPAIRED DRIVING IN THE U.S. AMONG THE HIGHEST IN THE WORLD

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Perhaps you will not be surprised to learn that the United States has among the highest rates of death from drunk driving in the world, with 31 percent of all fatal accidents being attributed to alcohol impairment. You might be surprised to learn that our neighbor to the north, Canada, has an even higher rate at 34 percent and South Africa’s rate is even higher at 58%–that represents 25.1 deaths caused by impaired drivers for every 100,000 people in South Africa. These three countries, according to the Global Status Report on Road Safety (2015) have the three highest rates in the world of road deaths caused by impaired drivers. Australia, France, and Italy come in just below the United States at 30 percent, 29 percent, and 25 percent, respectively. There may be a number of reasons to explain the high rate of fatalities caused by impaired drivers, including lack of public transportation options and dispersed population centers. But Russia, a country rumored to…

California Law Regarding Bail Hearings After Appellate Court Decision

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APPELLATE COURT FORCES CHANGE IN BAIL HEARINGS I have previously written about the judicially appointed Pretrial Detention Reform Workgroup’s efforts to analyze and recommend reforms to the California bail system and the California Money Bail Reform Act. Both efforts are directed at reforming the inherently unfair bail system in California that sends poor people to jail before they are convicted of the crime because they cannot afford the bail ordered by the court. Earlier this year, the Court of Appeal stepped in front of this issue. The court’s published decision in In re Humphrey, Court of Appeal, 1st Appellate Dist., 2nd Dv. (January 25, 2018) will force changes in the bail system, even if our representatives never get around to bail reform legislation. In this case, San Francisco resident Kenneth Humphrey was arrested and charged with robbery. Mr. Humphrey’s bail was set at an amount he could not afford. He was remanded to jail where he remained prior to…

Cicchini on Instructing Jurors on Reasonable Doubt

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Michael D. Cicchini (Independent) has posted Instructing Jurors on Reasonable Doubt: It's All Relative (8 Calif. L. Rev. Online 72 (October 2017)) on SSRN. Here is the abstract: The Constitution protects us from criminal conviction unless the government can prove...
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