"Banks, Marijuana, and Federalism"
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"Banks, Marijuana, and Federalism"
The title of this post is the title of this new paper by Julie Andersen Hill now available via SSRN. Here is the abstract: Although marijuana is illegal under federal law, twenty-three states have legalized some marijuana use. The state-legal marijuana industry is flourishing, but marijuana-related businesses report difficulty accessing...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/RSMhROJAJH0" height="1" width="1"/>
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Is DUI Caused by Marijuana Covered by the ARD Program?
Pennsylvania offers an ARD Program (Accelerated Rehabilitative Disposition) for certain DUI offenders. ARD is a wonderful opportunity, because successful participation means you don’t have to plead guilty, you won’t be convicted, and the charges against you will be dropped. But what if your DUI was based on drugs instead of alcohol? Does ARD cover intoxicated driving offenses that involve marijuana? Our DUI defense lawyers have the answers. Eligibility Requirements for the ARD Program with Marijuana Let’s start with the good news: yes, you absolutely can qualify for and participate in the ARD Program if your DUI was caused by marijuana rather than alcohol. However, there’s also some bad news: you don’t automatically qualify simply because the DUI was your first offense. If you want to participate in the program, there are three basic eligibility requirements you need to meet: You need…
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Proving That Larceny of a Motor Vehicle Is a Felony
In some states, theft of an automobile is a felony regardless of the value of the vehicle. See, e.g., Fla. Stat. § 812.014. Not so in North Carolina. Motor vehicles don’t have any special status under our larceny statute, G.S. 14-72. Therefore, theft of an automobile is a misdemeanor unless the vehicle is worth more […]
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DEROGUEMOS LA LEY DE LAS AFP
Buenos días amigos, me permito opinar sobre la acción que propongo y forma parte del Título de este Entrada. Antes compartiré una nota aparecida el día de hoy, 23 de Setiembre de 2014, en el Diario "Gestión": "Gestión – Edición 23-09-2014 Devolución de aportes de AFP y ONP a independientes debe ser en su totalidad, según EY Martes, 23 de septiembre del 2014 · ECONOMÍA El manejo de dineros de terceros en la ONP es peligroso, a largo plazo, porque no se podrá igualar al sistema privado y existe la tentación de que aportes se deriven para otros fines, señaló Juan paredes, socio de EY. Milagros Sánchez Vargasmsanchez@diariogestion.com.pe La norma que indicaba el aporte obligatorio de trabajadores independientes a AFP u ONP se…
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That’s It? The Saga of The First Million Emails
There are the pitches from publicists that some nobody in nowhere opened a new office on Main Street. There is the 32nd email from the Brennan Center that Attorney General Eric Holder will be speaking at their forum today. There is the latest attempt from some low-rent publicist trying to sell an ignorant piece of crap by some nobody scum lawyer, who also notes he’s available for an interview. Then there are the dozens, sometimes hundreds, of emails with links to articles, stories, new ones and follow-ups. There are the questions from sad folks, nice folks, crazy folks, plus people who assume I exist to read their 10,000 word stories. There are the well-written and succinct emails, and the incomprehensible emails from people who should know better but are trying to be kinda snarky without realizing they’re neither funny nor interesting. Then there are the people, people who I don’t know, who want to discuss my posts with me,…
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New Video Message From Hostage John Cantlie
Here's the latest video message from ISIS hostage John Cantlie. Watch now, because You Tube keeps taking it down. He quotes a lot of U.S. officials and argues Obama was caught off guard and the air strikes won't succeed. He says Iran is... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Court Orders Target of SEC Investigation to Comply with Subpoena to Testify
Southern District of New York judge Andrew L. Carter, Jr. recently directed the target of an SEC investigation to comply with an administrative subpoena requiring him to testify before the SEC. The agency is investigating whether Joseph Stilwell and Stilwell Value, LLC, a registered investment advisor and fund manager he owns and operates, violated the securities laws by making misleading statements and omissions concerning inter-fund loans Stilwell allegedly authorized. Stilwell fought the subpoena for his testimony, arguing it served “the improper purpose of allowing the SEC to obtain discovery in advance of . . . inevitable litigation, in contravention of the spirit of the administrative rules.” But shortly after a hearing on the matter, the court ordered Stilwell to provide testimony or risk being held in contempt, noting the court’s “extremely limited” role in enforcing administrative subpoenas. Judge Carter explained that to obtain…
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Split NJ Supreme Court holds that state's sex offender GPS tracking is punishment subject to ex post facto limits
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Real Estate Agent Convicted of Inflating Property Values
Hubert Rotteveel, 52, Dixon, California, was convicted by a federal jury of one count of mail fraud affecting a financial institution relating to his role in a mortgage fraud scheme. The defendant and his conspirators inflated the values of 13 properties then worked with loan officers to provide false information to lenders about the income and liabilities of the buyers. According to evidence produced at trial, Rotteveel acted as a real estate salesperson for 13 properties in Dixon, California, that were purchased by just two buyers. Rotteveel inflated the values of the properties and worked with loan officers to provide false information to lenders about the income and liabilities of the buyers to induce the lenders to fund loans for the properties. Rotteveel made the down payments on the homes, including two that he owned and sold, and got that money (and usually more) back from the lenders at closing. For most of the transactions, when the sales closed, the escrow…
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The Guidelines mean what they say and say what they mean (and, how to preserve your issue)
Yesterday, in United States v. Snelling, No. 12-4288, the Sixth Circuit affirmed USSG § 2B1.1(B)(1) and its commentary actually mean what is written. The case concerned a Ponzi scheme that took in almost $9 million, but also paid out about $3.5 million. The district court set the loss for guidelines purposes at over $7 million, which raised Mr. Snelling's offense level by 20 points. It and the government reasoned the $3.5 million in returned funds were part of keeping the Ponzi scheme going and so the defendant should not benefit. Mr. Snelling argued the loss should be under $7 million, taking into consideration the funds returned, which would raise his guidelines 19 points. The district court calculated his guideline range as 121 to 151 months. Mr. Snelling's calculation put him at 97 to 121 months.The Sixth Circuit agreed with Mr. Snelling. It noted Application Note 3(E) to § 2B1.1 stated loss shall be reduced by money returned prior to discovery of…
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You’re Screwed Just The Same
Accomplice liability must be a tough thing to grasp, as I often hear defendants argue about how they shouldn’t be sent to prison for various things because it wasn’t totally their fault. They didn’t kidnap the victims, they just continued to hold them against their will after someone else snatched them. They didn’t assault the victims themselves, they just drove their co-defendants to the victims’ house to do it. I could go on and on. Addressing those sorts of arguments, I sometimes hear prosecutors and judges say that it didn’t matter to the victims who made what decision and who took over which responsibilities; they’re awful crimes, and all participants should face the music. In one case, the prosecutor asked, “do artificial distinctions comfort someone in a locked room with a gun to the head?” Under the circumstances as I understood them, I found the prosecutor’s arguments very well presented and fairly…
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Ohio Supreme Court Holds That Attorney Is Required for Resentencing Hearing
The Ohio Supreme Court has held that a defendant is entiled to an attorney at a resentencing hearing. The court explained that “a resentencing hearing is a critical stage of a criminal proceeding to which the right to counsel attaches.” The case is State v. Schleiger, Slip Opinion No. 2014-Ohio-3970. In this case, an appellate court determined that the trial court did not properly impose postrelease control. Therefore, the case was remanded to the trial court for resentencing. At the resentencing hearing, the court offered to appoint counsel for the defendant, who had represented himself during the appeal. The defendant told the court that he wanted to represent himself. The trial court then imposed the same sentence, this time including the statutorily requiredthree years of mandatory postrelease control upon release from prison. The Right to Counsel is guaranteed by the Sixth Amendment ot he United States Constitution. A defendant is entiled to counsel during…
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“Government self-interest corrupted a crime-fighting tool into an evil”
The Washington Post on September 18, 2014 released the following: “By John Yoder and Brad Cates John Yoder was director of the Justice Department’s Asset Forfeiture Office from 1983 to 1985. Brad Cates was the director of the office from 1985 to 1989. Last week, The Post published a series of in-depth articles about the abuses spawned by the law enforcement practice known as civil asset forfeiture. As two people who were heavily involved in the creation of the asset forfeiture initiative at the Justice Department in the 1980s, we find it particularly painful to watch as the heavy hand of government goes amok. The program began with good intentions but now, having failed in both purpose and execution, it should be abolished. Asset forfeiture was conceived as a way to cut into the profit motive that fueled rampant drug trafficking by cartels and other criminal enterprises, in order to fight the social evils of drug dealing and abuse. Over time, however, the tactic has…
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Worlds v State - it takes some serious balls to base a stop on that
Worlds v. State, A14A1112 (August 14, 2014). In November 2012, Teresa Worlds was pulled over by police in Hall County because the 4th digit of her license plate was obstructed by a trailer hitch ball mounted on the bumper. During the traffic stop the police officer found drugs in plain view. Worlds presented photos at the motion to suppress to show that the trailer hitch ball did not obstruct the license plate. The Officer said the photos were from a different angle and the video in evidence showed that the trailer hitch partially obstructed at least one number on the license plate. O.C.G.A. 40-2-41 provides in pertinent part, "It shall be the duty of the operator of any vehicle to keep the license plate legible at all times. No license plate shall be covered with any material unless the material is colorless and transparent. No apparatus that obstructs or hinders the clear display and legibility of a license plate shall be attached to the rear of any motor vehicle…
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Atlanta hospital and cardiologist pay approximately $500,000 to settle kickback allegations
On September 22, the U.S. Attorney’s Office for the Northern District of Georgia announced that a hospital in Atlanta and a cardiologist who a whistleblower alleged had been paid kickbacks had reached a settlement totaling nearly half a million dollars. According to the U.S. Attorney’s press release: The United States Attorney’s Office announced it has reached settlements with Banks-Jackson-Commerce Hospital and Nursing Home Authority d/b/a Banks Jackson Commerce Medical Center (BJC) and Dr. Narasimhulu Neelagaru that total over $500,000. “Kickbacks pervert our health care system, which is designed to insure that health care providers make decisions based solely on what is best for the patient,” said Sally Quillian Yates, United States Attorney for the Northern District of Georgia. * * * The civil settlement resolves the United States’ investigation into BJC’s practices related to paying compensation to Dr. Neelagaru for…
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Rechtsanwalt in der Autobahnkanzlei
Manche juristische Karrieren klingen im ersten Moment skurril – aber manche Anwälte finden in der Marktlücke ihre Berufung. So auch diese Geschichte von Autobahnanwalt Peter Möller, die im aktuellen Magazin „freischuss“ des C.F. Müller Verlages erschienen ist. Wie so häufig stand am Anfang die eigene Betroffenheit: Rechtsanwalt Möller wurde gleich zweimal hintereinander auf der Autobahn A5 geblitzt und sollte dadurch vier Monate Fahrverbot und jede Menge Punkte bekommen. Er verteidigte sich selbst – beide Verfahren wurden eingestellt. Geschwindigkeitsüberschreitungen und Abstandsunterschreitungen als Fachgebiet // Foto: M.E. / pixelio.de Bußgeldrecht ist Kompromissrecht Vor Gericht merkte er, dass das Bußgeldrecht ein Rechtsgebiet ist, dass Kreativität, Empathie und Psychologie voraussetze – mehr noch als etwa im Zivilrecht. Das Bußgeldrecht sei eben ein Kompromissrecht, so dass…
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Ethikrat: Inzest sollte nicht strafbar sein
Wenn erwachsene Geschwister sexuell miteinander verkehren, machen sie sich gem. § 173 StGB strafbar; und zwar auch dann, wenn der Sex einvernehmlich ist. Der Deutsche Ethikrat hat heute eine ausführliche Stellungnahme zum Inzest-Verbot veröffentlicht und empfiehlt darin, das strafrechtliche Verbot aufzuheben. Das Strafrecht sei nicht das richtige Mittel, die Gesellschaft vor moralisch und sittlich geprägten Tabus zu bewahren. Konkret lautet die Empfehlung des Ethikrates (Seite 72 ff. der Stellungnahme), die mit einer Mehrheit von 14 Stimmen bei 9 Gegenstimmen und 2 Enthaltungen getroffen wurde: Die Bestrafung des einvernehmlichen Beischlafs unter erwachsenen Geschwistern (über 18 Jahre) sollte entfallen: „Die Mehrheit des Deutschen Ethikrates ist der Auffassung, dass das Strafrecht nicht das geeignete Mittel ist, ein gesellschaftliches Tabu zu bewahren“. Das Grundrecht der erwachsenen Geschwister auf sexuelle Selbstbestimmung sei in…
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Scrutinizing the Effects of State Interest Group Participation in Federal Administration
Miriam Seifter, States as Interest Groups in the Administrative Process, Va. L. Rev. (forthcoming, 2014), available at SSRN. Kathryn Watts Recent scholarship on administrative federalism has advocated for federal agencies to consider state interests—with many scholars praising the notion of giving states a voice in the federal regulatory process. However, in arguing for a strong partnership between states and federal agencies, federalism scholars have given little attention to what costs might flow from state involvement in federal administration. In States as Interest Groups in the Administrative Process, forthcoming in the Virginia Law Review, Professor Miriam Seifter astutely points out this void in the scholarship, and she begins to fill the scholarly gap by carefully scrutinizing and weighing the costs and benefits of state interest group participation in the federal regulatory process. Specifically, Professor Seifter, who recently joined the University of…
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Arizona’s “Revenge Porn” Law Challenged
Not that any pass constitutional muster, but of the knee-jerk laws passed to criminalize revenge porn, Arizona’s was among the worst. On behalf of bookstores, libraries, newspapers and other lawful and First Amendment protected people and entities who would prefer not to be imprisoned for the exercise of a constitutional right, the ACLU and the Media Coalition have challenged the law. Protecting personal privacy is, without doubt, a laudable goal. Indeed, the ACLU works tirelessly to protect your private data. But Arizona’s “nude photo law” is a seriously misguided attempt to achieve that goal. This new crime is broad and confusing. It applies to anyone who shares a nude image, not just to bad actors who intentionally invade another’s privacy. A prosecutor need not demonstrate that a person had an expectation of privacy in an image before charging you with a crime for sharing it. And the law applies equally to a private person’s hacked…
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