It's time for the Oscars. Up for Best Picture: American Hustle Captain Phillips Dallas Buyers Club Gravity Her Nebraska Philomena 12 Years a Slave The Wolf of Wall Street
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Oscars Thread
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Violations of Protective Orders and Civil Restraining Orders under C.G.S. §§ 53a-223 and 53a-223b on the Rise with Social Media & Facebook Postings
The frenzied and light-speed pace of social media websites has allowed people to connect in ways we could not have imagined just a few years ago. Photos, videos, and messages can be exchanged within moments, all from your smartphone or tablet devices. Yet throw a criminal protective order or civil restraining order into the mix […]
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Crash on Rock Creek Road sends one to hospital
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
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IDAHO STATE POLICE NEWS RELEASE
District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000
Fax (208) 324-7897
For Immediate Release: 03/02/2014 7:00 pm
Please direct questions to the District Office
On Saturday March 1, 2014 at approximately 11:42 pm, the Idaho State Police investigated a one-vehicle crash on Rock Creek Road, at SH50, near Hansen. Jose A Cabral-Murillo, 27, of Murtaugh was northbound on Rock Creek Road in a 1998 Dodge Stratus when he struck an unknown object in the roadway. Cabral-Murillo's vehicle came to a stop in the northbound lane. Cabral-Murillo was transported by ground ambulance to St. Luke's Magic Valley Regional Medical Center. The crash is still under investigation.
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Michigan Association of OWI Attorneys Names Barton Morris Newest Board Member
The Michigan Association of OWI Attorneys (MIAOWIA) was formed in 2012. Barton Morris was an inaugural member. The mission of the organization is to raise the level of practice amongst attorneys defending drunk and drugged driving cases in the State of Michigan. The Association believes that if we join forces we can collectively fight DUI cases […]
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Court Approves “Heckler’s Veto” over Flag Wearing Students
“Freedom has more often been lost in small steps by progressive incrementalism, than by catastrophic upheavals such as violence or war.” –James Madison. A cut was sliced into the First Amendment‘s Free Speech protections on February 27, 2014 by the US Ninth Circuit Court of Appeals. The court upheld a California high school’s decision to […]
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Top-Ten Recent SSRN Downloads
in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 641 In Search of Effective Ethics & Compliance Programs Maurice E. Stucke, University of Tennessee College of Law, Date posted to database: December 12, 2013...
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//blawgsearch75.rssing.com/chan-6519914/article5867-live.html
United States v. Tanke, No. 12-10362 (3-3-14 )(Fisher with Berzon; Wallace concurring). When does a fraud scheme end? When the scheme is completed? The last proceeds trickle in? Or when a last act, like a lulling letter, is sent? And how does this play out with mail fraud? Here, the 9th considers a fraudulent scheme and bankruptcy fraud that occurred when the defendant, an officer with and employed by, say Paul Inc., borrowed without authority from Peter Inc. The question here was whether a letter sent after completion of the fraudulent borrowings sent to put that matter to bed was fraudulent? The 9th held that mailings designed to avoid detection or responsibility for fraudulent scheme falls within the mail fraud statute when they are sent before the scheme is completed. As for when the scheme ends, the scope of the scheme as devised by the perpetrator is examined. (Page 18). Thus there is a totality of circumstances test, looking at the acts of the defendant, and whether a lulling letter is actually within the scheme. In this case, a jury could have found that a lulling letter was part of the scheme, designed to conceal.In the future, this will require courts and juries to look at a continuum of actions, and to make such determinations.The 9th also affirmed the enhancements for sophisticated means. The case is remanded however because there was error in restitution (conceded to by the government). Concurring, Wallace argues that the majority went too far in fashioning a statute of limitations test, looking at acts to signal closure of a fraud, instead of a totality of circumstances. Wallace believes that a totality of circumstances takes in this case, and that the majority need not extend the test of looking at a specific ending act.
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Semi truck crashes EB I90 @61.5
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
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Idaho State Police
Regional Communication Center - North
615 W Wilbur Ave
Suite A
Coeur d'Alene, Idaho 83815
Please direct questions to the appropriate District Offices
District 1 (208) 209-8620 Fax (208) 209- 8618
District 2 (208) 799-5150
CASE # C14000512 / C14000513
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DATE: March 3rd, 2014 TIME: 10:08 am LOCATION: EB I90 @ 61.5 Wallace Idaho
ASSISTING AGENCIES: Idaho Transportation Department, Shoshone County Sheriff
VEHICLE #1 - Crash #1
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DRIVER Hall, Jackie J AGE 60
ADDRESS Darien, WI
INJURIES? - No
HOSPITAL/LOCATION TAKEN ? None
VEHICLE YEAR 2012 VEHICLE MAKE Peterbilt VEHICLE MODEL Tractor
WRECKER Don's Towing
SEATBELTS/HELMET WORN? Yes
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VEHICLE #1 - Crash #2
DRIVER Gorecki,Douglas A AGE 50
ADDRESS Salina,KS
INJURIES? - No
HOSPITAL/LOCATION TAKEN ? None
VEHICLE YEAR 2007 VEHICLE MAKE Kenworth VEHICLE MODEL Tractor
WRECKER Nickersons Towing
SEATBELTS/HELMET WORN? Yes
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VEHICLE #2 - Crash #2
DRIVER Twitty,Charles R AGE 40
ADDRESS Perris,CA
INJURIES? - No
HOSPITAL/LOCATION TAKEN? None
VEHICLE YEAR 2014 VEHICLE MAKE Volvo VEHICLE MODEL Tractor
WRECKER - None
SEATBELTS/HELMET WORN? Yes
INCIDENT NARRATIVE: Hall was westbound on I90 when she lost control in the slush and struck the concrete median barrier. The crash knocked debris and a light pole in the eastbound lanes. The semi-truck was blocking the westbound lanes. Twitty had slowed for the crash and was rear ended by Gorecki. The roadway was blocked for 5 hours while the trucks and debris were being cleaned up. There was a minor diesel spill on scene from a ruptured fuel tank.
DSP INITIALS JAS
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Wyoming Introduces Compensation Bill
Eight months after Wyoming saw its first DNA exoneration, the state is considering legislation that would compensate the wrongly convicted. Andrew Johnson, who spent 23 years behind bars before being cleared of a rape he did not commit, is poised to become the first beneficiary of the legislation. The Casper Star-Tribune reported that the bill passed by a unanimous vote in the Senate last week and is now being considered in the House. Statutes providing for some form of compensation for the wrongly convicted are already in place in 29 states plus Washington, D.C. The bill meets the federal standard of providing $50,000 per year of wrongful incarceration with a maximum of up to $500,000. For Johnson, 63, who served nearly 24 years, the payout would equate to $21,739 for every full year in jail. Read the full article. Read about compensation for the Wrongly Convicted and see what the statute is in your state.
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"Holder and Republicans Unite to Soften Sentencing Laws"
The New York Times has this article In part: Shortly after Senator Rand Paul filed suit last month against the Obama administration to stop its electronic dragnet of American phone records, he sat down for lunch with Attorney General Eric...
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Commercial Developer Admits Taking Construction Funds for Personal Use
Jonathan Lee Oliver, 41, Missoula, Montana, pleaded guilty before U.S. District Judge Donald W. Molloy to Wire Fraud, Money Laundering, and Structuring. Oliver’s pleas could result in a term of imprisonment of up to 20 years. There is no parole in the federal system. In an Offer of Proof filed with the Court, during the fall […]
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Petit Theft and Other Misdemeanor Crimes
The crime of Petit Theft in Florida is the taking or misusing of another’s property with the value of the property being $300.00 or less. The crime of Petit Theft in Florida is a Misdemeanor of the First degree. A misdemeanor of the first degree in Florida is punishable by up to one (1) year in jail and a fine of up to $1,000.00. There are also civil fines and forfeiture laws that deal with those accused and found guilty of petit theft. The most often seen petit thefts in Florida, are when someone shoplifts from a retail store, walks out on not paying an invoice for food or hospitality related services, destroys another’s property, misuses of another’s property or not returning rental property as promised per the rental agreement. Petit theft is a crime of dishonesty, and as such, is a crime against moral turpitude. Crimes against moral turpitude […]
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'Holder and Republicans Unite to Soften Sentencing Laws"
The title of this post is the headline of this notable new New York Times article, which includes these excerpts: Shortly after Senator Rand Paul filed suit last month against the Obama administration to stop its electronic dragnet of American...
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Officer saw the defendant's hands near the trigger housing of the gun
A Queens Criminal Lawyer said that, this is an appeal by the defendant from a judgment of the Supreme Court, Queens County, rendered September 23, 1982, convicting him of attempted murder in the first degree (two counts), upon a jury...
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Utah Woman Pleads Guilty for Involvement in Robbery Case That Left Other Alleged Robber Dead
A Utah woman has pleaded guilty to attempted aggravated murder and aggravated robbery in exchange for prosecutors dropping several other serious charges that had been pending against her in court. The Backstory The story is that two women engaged in a bit of a robbery spree, robbing places such as a restaurant and a grocery […]
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3 Sentenced to Prison for Florida Mortgage Fraud Scheme
Craig Hudson, William Bolton and David Barile were all sentenced to prison for their roles in a mortgage fraud scam that involved more than 50 fraudulent mortgages totaling $8.8 million. Hudson was sentenced to five years, Bolton received four years, and Barile was sentenced to 18 months, according to media reports. As previously reported by […]
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Lookout Pass Closure - Montana Side
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
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The Idaho State Police was advised by the Montana Department of Transportation that Lookout Pass on I90 from the Idaho/Montana stateline to St. Regis, Montana is closed due to avalanche danger. The exact time frame is unknown but may be up to a day or more. Travelers needing to go to Montana are asked to use US95 to SH200 or US2 as an alternate route to their destination.
Thank you for your assistance.
Spot what you think might be an impaired driver? Use the Idaho State Police REDDI (Report Every Drunk Driver Immediately) hotline. Dial *477 from your cell phone anywhere in Idaho.
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"An end to warrantless email searches?"
FourthAmendment.com excerpts and links to this piece at The Hill. In part: Privacy advocates had grown frustrated in recent months as Senate legislation that would curtail the email powers of law enforcement was thrown off track amid revelations about National...
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Government Admits It Caused Confusion But Opposes Rengan Rajaratnam’s Motion to Dismiss
The government has filed a memorandum in opposition to Rengan Rajaratnam’s recent motion to dismiss the conspiracy and securities fraud charges pending against him in the Southern District of New York. Rajaratnam is under indictment for his alleged role in the insider trading scheme for which his brother, Galleon Group founder Raj Rajaratnam, is currently in prison.
In his moving papers, Rajaratnam sought to dismiss two substantive securities fraud counts - Counts Four and Seven - which are based on trades in the Galleon Tech Fun. Rajaratnam contends the counts are logically inconsistent with the indictment’s conspiracy charge. The conspiracy count alleges that “[f]rom on or about March 24, 2008 through and including on or about March 25, 2008, Raj Rajaratnam caused the Galleon Tech Funds to buy at least approximately 261,800 shares of Clearwire based, in whole or in part, on” material non-public information. Counts Four and Seven allege that “Rengan Rajaratnam caused” the same purchases. Because both brothers cannot have "caused" the same trades, Rajaratnam argues that Counts Four and Seven must be dismissed.
The government concedes that there might be some confusion but disputes the merits of the motion.
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New York Woman Pleads Guilty To $6.9 Million Ponzi Scheme
A New York woman entered a guilty plea to charges that she masterminded two Ponzi schemes - one purporting to dabble in overseas machinery and another touting real estate - that collectively scammed investors out of nearly $7 million. Laurie Schneider pleaded guilty to a single charge of wire fraud before U.S. District Judge Dennis R. Hurley. As part of the plea agreement with prosecutors, Schneider also agreed to the entry of a $1 million judgment against her. Schneider was indicted in February 2012 on three counts of wire fraud.
Beginning in September 2006, Schneider began soliciting investors for Janitorial Close-Out City Corporation. ("Janitorial Close-Out"). Investors were told that Janitorial Close-Out invested in industrial equipment and machinery produced by Chinese companies, and that the company was able to purchase and re-sell janitorial equipment and machinery at a profit margin of 15% to 60% over a short-time period. It was these high profits margins, according to Schneider, that allowed her to pay annual interest payments to investors of up to 60%. In total, authorities estimate that Schneider solicited investments in Janitorial Close-Out of over $4 million from over 25 individuals.
In another venture, Schneider operated Eager Beaver Realty LLC ("Eager Beaver"), which purported to buy and re-sell real estate on Long Island at a discount or that were on the verge of foreclosure. Potential investors were promised annual returns of up to 20%, and received written paperwork indicating that all of their investment would be used to buy and sell real estate. Investors entrusted nearly $5 million to Schneider and Eager Beaver.
In reality, the healthy returns promised by Schneider were made possible through the operation of a classic Ponzi scheme in which incoming investor funds were used to pay returns to existing investors. Schneider also formed the Eager Beaver scheme to establish a new source of funds to pay returns to investors in Janitorial Close-Out. Investor funds were also diverted for Schneider's personal expenses, which included luxury car purchases and country club dues.
A sentencing date has not yet been scheduled. Wire fraud carries a potential sentence of up to twenty years in prison.
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