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Declaraciones del Gerente Legal de la CCL y el retiro del 95.5% de los fondos que se encuentran en las AFP

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El diario Gestión en su edición digital,  (25-04-2016) nos da a conocer una nueva estratagema del poder para no devolver los fondos de los jubilados o no que han cumplido 65 años.Como las declaraciones del señor Víctor Zavala Gerente del Centro  Legal de la Cámara de Comercio de Lima, no tienen para mi el menor valor, me he tomado la misma libertad que utilicé  con "conclusiones Secada".Primero, la Ley se ha publicado por insistencia del Parlamento, el señor Víctor Zavala Gerente del Centro Legal de la CCL, asumo que abogado, debo decir que ni por sentido común se puede exigir que una ley observada por el ejecutivo, aprobada y firmada por el Presidente del Congreso POR INSISTENCIA puede cambiar el proyecto observado, ello sólo se hubiera dado sí el Congreso aceptaba re-estudiar la ley atendiendo a las observaciones del presidente (las minúsuculas son a…

Cruz and Kasich Deal Already Fraying

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Donald Trump is reveling in the seemingly quick demise of the deal between Cruz and Kasich to divvy up Indiana, New Mexico and a few other states hoping to stop Donald Trump from being the Republican nominee. The agreement, in which the two... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Sufficient evidence of forcing victim to work as a prostitute in the United States and in foreign countries

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In US v. Damion St. Patrick Baston ("Baston"), the Defendant worked as a pimp and forced various women to work as prostitutes in Florida and around the world while keeping the money they earned As a result he was indicted for violating 18 U.S.C. 1593 and charged in Miami federal court for sex trafficking by force, fraud, or coercion in Florida and in the countries of Australia and United Arab Emirates. He was also charged with several counts of money laundering in violation of 18 U.S.C. 1956 based his having wired the sex-trafficking proceeds from Australian to Miami. At his trial the government called three prostitutes that worked for him as witnesses who testified how they met Baston and how he used violence and coercion to force them into prostitution. His defense what that he never coerced the woman into prostitution and they were already prostitute when they met. He said they did it freely and voluntarily and in Australia prostitution is legal trade from…

A Second Chance to Do What?

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Sentencing "reform" advocates insist that we should go lighter on sentencing in the name of the distinctly American virtue of "giving people a second chance."The phrase itself reveals the confusion posing as thought that lies behind this movement.  A person has a "second chance" whether his sentence is 78 months or 96 months.  He has a "second chance" whether it's 16 years or 18 years.  The question in either case is not whether he'll get a "second chance" under sentencing reform he would otherwise miss; the question is what he does with it, reform or not.This story gives part of the answer.  When I read it, I asked the same question I frequently do:  When early release goes wrong, as it so often does, who pays the price?  The sentencing reform crowd at their posh, self-congratulatory, "we-are-so-humane" parties in Manhattan and Hollywood, or the next unsuspecting victim they…

New speech by Justice John Paul Stevens reflects on Justice Antonin Scalia and the Court's constitutional work before and after Apprendi

18 Years in Timeshare Consulting Scam

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Ian Resnick, 41, Abescon, New Jersey was sentenced to 18 years in prison for his role in a $3 million conspiracy to scam customers by offering phony consulting services to owners of timeshares through the New Jersey-based Vacation Ownership Group LLC.  Resnick was previously convicted in September 2013 of one count of conspiracy to commit mail […]

Indictment in Foreclosure Rescue Scheme Using Straw Borrowers

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Sergio Roman Barrientos, 62, Poway, California, was indicted by a federal grand jury in a six-count superseding indictment that charged both Barrientos and Zalathiel Aguila, 42, Fairfield, California. According to the indictment, Barrientos, Aguila, and Omar Anabo, 53, Vallejo, California, engaged in a foreclosure rescue fraud scheme that began in September 2004 and continued to February 2008. Barrientos and […]

Another Bolger Conspirator Takes a Plea

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Gary Hughes, 36, San Diego, California, pled guilty to one count of mortgage fraud conspiracy involving bank fraud. He faces a maximum penalty of 30 years’ imprisonment. According to the plea agreement and court proceedings, in 2005, entities controlled by co-conspirators entered into a contract to purchase The Arbors, an apartment complex in Hillsborough County, Florida. […]

Deep thoughts about sentencing, sentencing rules, and sentencing rule-making

Felony Child Endangerment for Drugs in Reach of Children

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Two individuals from American Fork Utah are facing a variety of drug charges along with felony child endangerment for storing drugs within the reach of children in the home. Other people’s children 25 year old Zachery Walters and 24 year old Hilary Lay were staying in the basement portion of a home that belonged to […] The post Felony Child Endangerment for Drugs in Reach of Children appeared first on Salt Lake Criminal Defense.

Cutler & Leo on Analyzing Videotaped Confessions

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Brian L. Cutler and Richard A. Leo (University of Ontario Institute of Technology (UOIT) and University of San Francisco - School of Law) have posted Analyzing Videotaped Interrogations and Confessions (The Champion Magazine, (2016) Forthcoming) on SSRN. Here is the...

One Year after Baltimore Riots, What's Changed?

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On April 12, 2015, 25-year-old Freddie Gray, a black resident of West Baltimore, suffered a spinal injury in police custody following an arrest that put him into a coma.  A week later, on April 19, he died.  Days later on April 26, following his funeral, the city erupted in riots that resulted in widespread looting, arson, vandalism and violence.  Participants were angry and hungry for change.  It's been one year now.  Has anything changed?John Blake has this in-depth analysis on CNN addressing the anniversary of the Baltimore riots and how little the city has changed.  What is most striking about this piece is that those featured in it take no responsibility for the state of their city and the pervasive crime that exists there.  It isn't their fault.  It's the police, white people, local government, state government, history.  It's anything and anyone other than the criminals themselves.  For…

Comment Degeneration Causes Another Law Blog to Drop Them

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David Lat of Above the Law explains in the WaPo why his blog has dropped comments.  The subhead is "I used to rely on Above the Law commenters for tips. Now they just spew bile."Over the years, however, our comments changed. They had always been edgy, but the ratio of offensive to substantive shifted in favor of the offensive. Inside information about law firms and schools gave way to inside jokes among the "commentariat," relevant knowledge got supplanted by non sequiturs, and basic civility (with a touch of political incorrectness) succumbed to abuse and insult.Lat notes that comments became increasingly racist and sexist insults.  Equally offensive, I should note here, is the comment that accuses someone else of racism, etc., with no rational basis for doing so.  ("You support Policy X, and Policy X has a disparate impact.  Therefore you are a racist," and drivel such as that.)  He also notes that the administrative…

Hing on Disrupting Race-Based Policing

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Bill Ong Hing (University of San Francisco - School of Law) has posted From Ferguson to Palestine: Disrupting Race-Based Policing (Howard Law Journal, Vol. 59, 2016 (Forthcoming)) on SSRN. Here is the abstract: Since Michael Brown’s killing, “Ferguson” has become...

Ball on Pay-for-Performance in Prison

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W. David Ball (Santa Clara School of Law) has posted Pay-for-Performance in Prison: Using Healthcare Economics to Improve Criminal Justice on SSRN. Here is the abstract: For much of the last seventy-plus years, healthcare providers in the United States have...

What Happens when a DUI Causes Injury to Someone?

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Typically, a California DUI of either alcohol or marijuana is charged as a misdemeanor when the DUI does not involve injuries to anyone other than the driver. Given the fact that alcohol impairs a person’s ability to operate a vehicle safely, it is entirely foreseeable and often the case that a person’s drunk driving leads to injuries of someone else. When a DUI causes injury to someone other than the driver, the DUI may be charged as a felony. California Vehicle Code section 23153 makes is unlawful for a driver to be under the influence of alcohol and/or drugs, or have a blood alcohol content of 0.08 percent or more, engage in an act forbidden by law (typically a traffic violation other than the DUI itself), and the act causes injury to someone other than the driver. A violation of California Vehicle Code section 23153 is what’s known as a “wobbler.” This means that it can be charged as either a felony or a misdemeanor. If convicted of the…

KS: Mailed package with contraband to address justifies SW for address

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A package in the mail addressed to a house that has suspected contraband in it justifies an anticipatory warrant for the whole house. State v. Mullen, 2016 Kan. LEXIS 242 (April 22, 2016). Defendant’s furtive movements during a traffic stop … Continue reading →

Massachusetts breath test source code litigation takes a step forward for the defense after hearing before Justice Botsford

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Massachusetts Supreme Judicial Court Justice Botsford heard oral argument today relating to the Statewide challenge to the Alcotest breath test machine used to prosecute drunk driving cases in Massachusetts.  She heard appeals in the two challenge to the breath test source code, one arising from the Concord District Court and the other arising out of the Boston Municipal Court. From the argument it appears as though Justice Botsford will rule in the following way: Justice Botsford indicated she would try to find a way to consolidate the two cases as it does not make financial or practical sense to have two hearings challenging the breath test machine.  Further, she asked both sides if they could live with the protective order drafted by Judge McManus.  The defense indicated that all clients in the Concord litigation would prefer to have their case consoidlated with the Boston litigation.  Additionally, Justice Botsford asked if the defense expert would sign…

Fascinating backstory behind big donation behind new "Criminal Justice Reform Center" at SMU Dedman School of Law

Federal Identity Theft Act

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The U.S. Congress in 1998 enacted the Identity Theft and Assumption Deterrence Act. The Act makes it a federal crime if someone “knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law.”   It is estimated that some 15 million people in this country experience at least one identity theft incident each year with financial losses totaling up to $50 billion. The average loss per victim is approximately $1500.   The most common type of identity theft is the use of someone else’s credit card. There are 15 times more reports of credit card fraud than there are of other personal information fraud.   Identity theft is the fastest growing white collar crime in America today. The Federal Trade Commission reports that an…
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