In United States v. Georgiou, Nos. 10-4774, 11-4587, and 12-2077, the Third Circuit upheld the defendant’s securities fraud, wire fraud, and conspiracy convictions against a host of legal challenges. Georgiou was accused of engaging in a scheme to manipulate the markets of four over-the-counter stocks, i.e. stocks not listed on an American stock exchange. Georgiou and his co-conspirators opened brokerage accounts in Canada, the Bahamas, and Turks and Caicos and then used these accounts to engage in manipulative trading in the target stocks. By trading stocks between the various accounts they controlled, the co-conspirators were able to artificially inflate the stock prices to create an impression that each target stock had an active market. The manipulation allowed Georgiou and his co-conspirators to sell their shares at inflated prices and to use the inflated shares as collateral to fraudulently borrow funds on margin and obtain millions of…
Securities Fraud: Irrevocable Liability Establishes the Locus of a Securities Transaction For Purposes of Determining Whether a Transaction was Domestic
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ISP investigates three vehicle fatality crash in Elmore County
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: 2/17/15 - 11:30 am Please direct questions to the District Office On Tuesday, February 17, 2015, at approximately 6:53 a.m., Idaho State Police investigated a three vehicle crash on Simco Road about 7 miles south of Interstate 84 in Elmore County. Chance McKeel, age 47, of Mountain Home was driving a 1997 Saturn SL. McKeel was turning north onto Simco Road from a dairy near milepost 7. As he turned onto Simco Road, McKeel's vehicle crossed over the center line, partially into the southbound lane, collided with a 1995 Ford Econoline van, and came to rest in the northbound lane. The driver of the Ford Econoline was Donald Clarke, age 52, of Meridian. Shortly after…
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BGer 8C_762/2014: Kürzung der Taggelder nach Unfall beim "Dirt-Biken"
Gemäss Medienmitteilung vom 12. Februar 2015 hat das BGer mit Urteil 8C_762/2014 vom 19. Januar 2015 entschieden, dass die obligatorische Unfallversicherung SUVA ihre Taggeldleistungen für Personen kürzen darf, welche beim "Dirt-Biken" eine Verletzung erleiden: "Die akrobatischen Sprünge mit dem Fahrrad über künstliche Hügel müssen versicherungsrechtlich als Wagnis gelten".Vorliegend hatte sich ein Mann beim "Dirt-Biken" einen Knochenbruch zugezogen. Die SUVA übernahm die Heilbehandlung, kürzte jedoch ihre Taggeldleistungen um die Hälfte. Das Kantonsgericht Luzern sprach dem Betroffenen die vollen Leistungen zu. Das BGer hiess die Beschwerde der SUVA gut und bestätigte den Entscheid zur Kürzung der Taggeldleistungen um 50 %. Begründet wurde dies dadurch, dass bei Unfällen, die auf ein Wagnis zurückzuführen sind Art. 39 UVG i.V.m. Art. 50 Abs. 1 und Abs. 2 UVV…
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WEYMOUTH WOMAN IS ARRESTED FOR ASSAULTING POLICE OFFICERS
… And, still they continue. Police-involved assaults, no matter which side starts them, generally end the same way. Law enforcement wins. Often, it is not even close. Take the recent case of 29-year old Weymouth resident Stephanie Farley (hereinafter, the "Defendant") for example. The Defendant was apparently visiting somebody at 111 Torrey Rd. in Manchester, New Hampshire a weekend Ago. Unfortunately, someone called the authorities to come out and investigate someone allegedly acting "disorderly". Officers allege that, when they got to the scene, they found the defendant standing outside of the residence. Well, more than simply "standing". Police allege that she was acting hysterically and yelling profanities at no one in particular. Officers say they approached her, but that she was uncooperative. Often that is enough for the situation to escalate. In this case, the police investigated further and spoke to the resident of the…
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Kramer on Torture Warrants
Matthew H. Kramer (Churchill College, Cambridge University) has posted Alan Dershowitz's Torture-Warrant Proposal: A Critique on SSRN. Here is the abstract: One major set of issues pertaining to the legal regulation of torture is centered on the question whether the...
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Criminal Records and Prospective Employment
Criminal Records and Prospective Employment If you have a criminal record, it can add a layer of complication to your life when it comes to getting a job. Getting arrested and convicted for a violent crime or a drug crime could have a lingering effect on your career. Under Massachusetts state law, employers are not permitted to ask you about any criminal convictions you have had in the first stage of the application process. This means that on an initial job application, prospective employers may not inquire about your criminal record. However, once you have successfully made it to the interview stage, more information about your criminal past might come out into the open. This post examines criminal records and prospective employment. The Interview Stage During the interview stage of applying for a new job, the prospective employer may request your permission to obtain a copy of your Criminal Offender Record Information (CORI). Giving your permission requires that you…
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Dealing with Felony Charges in Las Vegas
Felony Charges When compared with misdemeanor charges, the consequences for being found guilty of a felony are particularly tough. In fact, the penalties that result from felony charges tend to follow a person throughout the rest of their life. They may close the door on certain professions, and they may put an unfair cap on your earning abilities. Consequently, it’s easy to feel powerless after receiving felony charges. Your situation isn’t hopeless. A sound legal strategy and skillful presentation at court have helped more than one person fight felony charges. Your first step is to hire an experienced, responsive criminal defense attorney who is prepared to go the distance when it comes to protecting your legal rights.
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Fair DUI Flyer
For a couple months now, various news stories have been published and Youtube videos posted, showing drivers passing through DUI checkpoints. Rather than submitting to the normal inconveniences of the police officer’s demands, they instead pull up to the checkpoint and dangle a Ziploc baggie by a string from the top of their closed window. Inside of the baggie contains their driver’s license, proof of insurance, registration, and the Fair DUI Flyer, which was created by Warren Redlich, a Boca Raton criminal defense and DUI attorney. On the front of the flyer states, “I Remain Silent. No Searches. I Want My Lawyer.” In the video, the officers wave the drivers through the checkpoint after examining and then returning the contents of the baggie. Warren Redlich claims he created the Fair DUI Flyer to protect innocent individuals from being arrested for DUI, he states, “People don’t realize that innocent people get arrested for drunk driving; it…
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"The Uneasy Case for Marijuana as Chemical Impairment
Under a Science-Based Jurisprudence of Dangerousness "[rest of title] The relationship between new medical and recreational marijuana laws and "drugged driving" is a hot and vexing one. Doug has previously posted an article discussing this topic; this article by Andrea L. Roth available via SSRN examines and rejects the analogy...<img src="//feeds.feedburner.com/~r/MarijuanaLaw/~4/5LpAZXfraUc" height="1" width="1" alt=""/>
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Would you urge out-going (and apparently corrupt) Oregon Gov Kitzhaber to commute all death sentences?
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AG Holder brags about achievements of DOJ's Smart on Crime initiative
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New Jersey Prosecutor Will Allow Testing of Evidence in Dion Harrell Case
The Monmouth County Prosecutor's Office agreed Friday to allow testing of DNA evidence from a 1988 rape which could prove the innocence of Dion Harrell, who served four years of an eight-year sentence for the crime. The office previously denied requests by the Innocence Project to allow testing of the evidence, which was collected before DNA testing was available in New Jersey. Representatives of the prosecutor's office called Innocence Project Senior Staff Attorney Vanessa Potkin on Friday afternoon to say they were dropping their opposition to the DNA testing. Potkin was scheduled to go before Superior Court Judge Ronald L. Reisner later this month to request that he order testing of the evidence. "The call was unexpected, but not entirely a surprise because this is such a clear-cut case for DNA testing,'' Potkin told the Asbury Park Press. "We were confident that Mr. Harrell would get the testing, ultimately. We believed we were wasting time…
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Ristroph on Just Violence
Alice Ristroph (Seton Hall University - School of Law) has posted Just Violence (Arizona Law Review, Vol. 56, 2014) on SSRN. Here is the abstract: Ethical reflections on war — and the positive laws these reflections have inspired — have...
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News Scan
Iowa Lawmakers Want To Reinstate Death Penalty: Republican lawmakers in Iowa have introduced a bill aiming to reinstate the death penalty in their state. William Petroski of The Des Moines Register reports that Senate File 239 would allow executions to take place for those convicted of kidnapping, raping, and murdering a minor. The last time the state of Iowa executed a death row inmate was in 1963, just two years later, the death penalty was abolished. FL Legislature Considers Prison Reform: A Florida Senate committee has given preliminary approval for a bill seeking to create an independent group to investigate wrongdoing in the state's troubled prison system. Mary Ellen Klas of the Miami Herald reports that in a unanimous vote, the Senate Criminal Justice Committee approved SB2070, which mandate a nine-person Criminal Justice Commission that would be permitted to conduct random inspections in both state-run and private prisons, monitor inmate…
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Smarter Policing and Race
by Darrel StephensIn recognition of Black History Month in February, the Innocence Blog will feature a nearly month-long series that will examine the intersection of the nation's evolving criminal justice system, especially around wrongful convictions, and the lives of black people in 21st Century America. The series will feature personal and professional stories and perspectives by legal and law enforcement experts, as well as people at the forefront of changing post-conviction laws for the wrongfully convicted in the United States. Please visit the Innocence Blog this month to read guest posts from all the contributing authors.Darrel Stephens, a veteran police executive with more than 40 years of experience, is the executive director of the Major Cities Chiefs Association and is on the Innocence Project's Board of Directors. Also a member of the faculty of the Public Safety Leadership Program in the School of Education at Johns Hopkins University, Chief Stephens is…
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Immediate Actions to Take After a DWI Charge
The moments after receiving a DWI charge can be confusing, upsetting and stressful, especially if it’s your first experience. But despite this difficult moment, there are immediate actions to take after a DWI charge than can drastically improve the outcome of the incident. While many people resign themselves to believing that there is nothing they […] The post Immediate Actions to Take After a DWI Charge appeared first on Scheiner Law Group, P.C..
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Freed Inmate Sues Northwestern for Unethical Conduct Leading to Double-Murder Conviction
A former Northwestern professor, a private investigator and a lawyer are accused of conspiring to frame Alstory Simon, who spent 15 years in prison, for a 1982 double-homicide in Chicago. The lawsuit was filed on behalf of Simon, and seeks $40 million dollars in damages, alleging unethical conduct on the part of Northwestern University and professor David Protess. Protess founded both the Medill Innocence Project and the Chicago Innocence project, which are organizations that investigate what they believe to be wrongful convictions. The suit alleges that Simon was framed in order to free Anthony Porter, who was on death row for the murders. Manufacturing evidence, coercing false statements from witnesses and intimidating Simon into confessing are among the allegations. The suit claims that students working with Protess gave witnesses money for drugs, lied about their identities and flirted with witnesses. Also alleged is that Simon was set up with a lawyer who coached him to…
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Florida Gun Laws explained in Norman v. State
The 4th District Court of Appeals just answered the following issue regarding firearms in Florida: Whether or not Florida’s Constitution allows an individual the right to keep and bear arms; which includes the ability to openly carry a gun outside the home for self-defense without the need for a permit? The Appellate Court reasoned that a Florida citizen does not have a right to openly carry a firearm outside the home for self-defense without a permit. Understanding the Right to keep and Bear Arms under Florida law must first begin with the Florida Constitution, which differs greatly from the United States Constitutional Right to Bear Arms. The Florida Constitution states: “The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law.” The Florida Constitution differs greatly from the United States Constitution in that the…
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Black History Month: Marvin Anderson, a Case of Race and Injustice
In recognition of Black History Month in February, the Innocence Blog will feature a nearly month-long series that will examine the intersection of the nation's evolving criminal justice system, especially around wrongful convictions, and the lives of black people in 21st Century America. The series will feature personal and professional stories and perspectives by legal and law enforcement experts, as well as people at the forefront of changing post-conviction laws for the wrongfully convicted in the United States. Please visit the Innocence Blog this month to read guest posts from all the contributing authors.Marvin Anderson, an Innocence Project client and board member, was exonerated in 2002 of a wrongful conviction that included two counts of rape, forcible sodomy, abduction, and robbery. He served 15 years in prison and four years on parole in Virginia before he was exonerated based on post-conviction DNA testing. As a part of its Black History Month blog series, the…
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Chicago Man Held on $100,000 Bond for Theft by Deception
A Chicago man was charged with six counts of theft by deception for allegedly obtaining merchandise through telephone solicitations and then turning around and selling it for cash. Defense of Chicago Theft by Deception The article does not clarify the alleged deception, but one likely scenario (and the one we will assume for purposes of the discussion in this post) is that the defendant posed as an employee of a charitable organization and called homes and/or businesses soliciting donations. Upon being offered items of significant value, collected the items and turned around and sold them for cash. Regardless of the details of how the alleged crime unfolded, theft requires that the defendant “knowingly” obtain control over another’s property by deception. So defense against the charge would focus on raising reasonable doubt as to whether the defendant’s actions were done with proper intent – whether he knew that he was obtaining control over…
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