Gemäss Medienmitteilung vom 3. August 2016 hat die Eidgenössische Steuerverwaltung ESTV eine Wegleitung über den Standard für den automatischen Informationsaustausch in Steuersachen veröffentlicht, welche sich an schweizerische Finanzinstitute richtet. Bei diesem Entwurf, der vorerst nur in der deutschen Version verfügbar ist, handelt es sich allerdings nicht um eine rechtsverbindliche Wegleitung. Voraussichtlich am 1. Januar 2017 wird eine definitive Version in Kraft treten. Spätestens zu diesem Zeitpunkt werden dann auch eine französische und italienische Version aufgeschaltet. Urs Kunzhttp://www.lawblogswitzerland.ch
ESTV: Entwurf Wegleitung automatischer Informationsaustausch
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CA9: Motion to suppress after conviction wasn’t timely
Defendant’s motion to suppress her cell phone search two weeks after conviction wasn’t timely, and no good cause shown. Riley being decided after her conviction is not “good cause.” United States v. Gonzalez, 2016 U.S. App. LEXIS 14298 (9th Cir. … Continue reading →
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US v. Doe, No. 14-10147 (8-9-16). Fed R Crim P 35(b) allows a sentence reduction. Rule 32(i)(3) requires the court, in a regular sentencing, to rule on all controverted issues. So, in considering the Rule 35 motion, does a court have to rule on controverted issues? It didn't in this case, now on appeal, where different versions of facts were at issue. The 9th holds that Rule 32 does not apply to Rule 35. Rule 35 does not incorporate Rule 32's requirement that the court make findings on disputed or controverted matters. Rule 35 is not a new sentencing, but modifies an existing one. The text of the rules are distinct.The decision is here:http://cdn.ca9.uscourts.gov/datastore/opinions/2016/08/09/14-10147.pdf
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Blagojevich: Judge Refuses to Lower Sentence
The re-sentencing for former Illinois Governor Rod Blagojevich was held today in Chicago. He appeared by video from the Federal Prison Camp in Englewood where he is serving a 14 year sentence. The resentencing was the result of the appeals court... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Failing to Disclose Concurrent Purchases Basis of Indictment
Jamie Hollingsworth and Chris Young were indicted in the United States District Court for the District of South Carolina and charged with conspiracy to make false statements on loan applications. The indictment also seeks forfeiture. According to the indictment: Hollingsworth, a real estate agent, decided to purchase three separate residential properties on the Isle of […]
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What Constitutes Guilt in a Collin County White Collar Crime?
“White collar crime” is a catchall term used to describe a wide variety of serious non-violent criminal offenses, typically financial in nature. Types of White Collar Crimes One of the most common types of white collar crime is embezzlement. This…Read more ›
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As federal prosecutors urged, former Gov Blagojevich resentenced to same 14-year prison term despite a few vacated convictions
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Donald Trump Is An American Monster
He "represents that dark, venal and incurably violent side of the American character that almost every country in the world has learned to fear and despise. . . . [He] is also America's answer to the monstrous Mr. Hyde. He speaks for the Werewolf in us; the bully, the predatory shyster who turns into something unspeakable, full of claws and bleeding string warts, on nights when the moon comes too close .... " -- Hunter S. Thompson, The Death of Richard Nixon: Notes on the Passing of An American MonsterAs everyone has heard by now, Donald Trump suggested at a rally today that the "Second Amendment people" were the only ones who could prevent Hillary Clinton, if she were elected, from abolishing the Second Amendment. Here's the actual quote: "Hillary wants to abolish, essentially abolish the Second Amendment. [Crowd boos] By the way, if she gets to pick her judges, nothing you can…
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Shootings in Chicago are Skyrocketing: Too Much Police Paperwork to Blame?
There is no doubt about it, this year Chicago is experiencing a serious spike in shootings and murders. In fact, ABC7 reports that there were 65 fatal shootings in July alone. What is to blame for this spike in violence? While there are undoubtedly many contributing factors, the head of the Chicago Police Union claims that police paperwork is in large part to blame. In an interview with DNAinfo the union leader explained that the problem does not exclusively stem from paperwork issues, but that the implementation of two-page Investigative Stop Reports has led to fewer police stops and, therefore, more violent crimes being perpetrated on the streets. Chicago’s New Two-Page Investigative Stop Reports Starting on January 1, 2016, Chicago’s old checklist contact cards were replaced with two-page Investigative Stop Reports. Under the old contact card system, every time a police officer interacted with a civilian on the street the officer would document the…
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Bregant et al. on The Expressive Value of Punishment
Jessica Bregant, Alex W. Shaw and Eugene M. Caruso (University of Chicago - Booth School of Business, University of Chicago - Department of Psychology and University of Chicago - Booth School of Business) have posted Expressing What? Evaluating the Expressive...
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"Justice Department to Release Blistering Report of Racial Bias by Baltimore Police"
From The New York Times: The Justice Department on Wednesday will release a blistering critique of racial discrimination by Baltimore’s police department, the latest example of the Obama administration’s aggressive push for police reforms in cities where young African-American men...
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"No “strict liability” for soliciting minor online for sex, if minor claimed she was above the age of consent"
Eugene Volokh excerpts and discusses this interesting recent case at The Volokh Conspiracy. In part, from the excerpt: [T]he child-solicitation statute imposes an unreasonable duty on defendants to ascertain the relevant facts. In cases where the defendant encounters the victim...
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Reckless Driving Dismissals in Virginia Beach, Northampton, Newport News, and Norfolk
Note: the only sure way to avoid a reckless driving by speed conviction is to obey the speed limit! DISCLAIMER – EACH CASE IS UNIQUE AND CASE RESULTS DEPEND ON YOUR INDIVIDUAL SITUATION. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. July 19, 2016, Northampton General District Court, Charge: Reckless Driving at 76/45. Disposition: Dismissed. No court costs or fines. July 26, 2016, Norfolk General District Court, Charge: Reckless Driving. Disposition: Null prossed. The officer agreed to null pross after some negotiations. August 2, 2016, Virginia Beach General District Court, Charge: Speeding at 43/25 in a school zone. Disposition: Dismissed. No court costs or fines. August 2, 2016, Newport News General District Court, Charge: Reckless Driving at 83/55 in a Work Zone. Disposition: Dismissed. No court costs…
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A Texas sized problem: The inherent flaws in the 2015 Compassionate Use Act
With 2017 fast approaching and prospective state representatives competing for votes, a Texas sized problem remains unaddressed in the Texas medical marijuana program. In 2015, The Texas legislature passed Senate Bill 339 authored by Sen. Kevin Eltife (R-Tyler) and Stephanie Klick (R-Fort Worth).[1] SB 339, otherwise known as the Texas Compassionate Use Act, was a start on the road to marijuana reform for Texas. The bill was the first formal recognition from Texas that marijuana has medical use. The bill was inspired by Dr. Sanjay Gupta’s “weed” documentary series highlighting the efficacy of high CBD marijuana strains for treating epilepsy in children. With the combined efforts of medical activists and strong pressure from the Epilepsy Foundation, the bill passed in the waning days of the 2015 session and was signed by Governor Abbott. Overview of The Compassionate Use Act Continue reading
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What to Do If Your Friend Is Arrested
Your Friend Got Arrested, Now What? It can happen at any time. You might be out on the town getting some drinks with your friend or sitting at home having a relaxing evening when you hear a knock on the door. Whatever the cause, your friend has been placed in handcuffs and escorted to the back seat of a police cruiser. What do you do? Your natural instinct is probably to help your friend. After all, you might be concerned for their well-being and you want to help them get out of jail if possible. Despite your best intentions, you might actually be making the situation worse. It’s possible to help your friend when they have been arrested but you need to go about it the right way. Check out these tips to find out what you should do if your friend is arrested. The Arrest Process Police officers generally initiate arrests for a couple of reasons: They notice someone engaging in criminal behavior or suspicious activity They are following up on an investigation or carrying out…
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Driving on a suspended license in Florida
What Happens When Someone Is Driving On A Suspended License? What Happens When Someone Is Pulled Over While Driving On A Suspended License? There are a couple of different protocols and there are several different ways the police may handle this. It usually depends on the reason your license is suspended. The officer may be able to give you an NTA or a Notice to Appear in Court in lieu of an actual arrest. Continue reading The post Driving on a suspended license in Florida appeared first on Tampa Bay Criminal Defense Lawyer Blog.
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Constitutionality of Life Without Parole Sentence is Challenged
In 2013, Maryland revoked the death penalty. That may have been because trials are imperfect, and thus, the possibility of taking an innocent person’s life is too great a risk. That left Maryland’s highest penalty being life without parole. But with the change came a new problem—unlike there was with the death penalty, there are few standards that a judge or jury need to abide by to sentence someone to life. This potentially leaves what is known as the second most severe penalty in our American justice system to chance, risking inconsistent standards and uncertainty in sentencing. Bill Seeks to Create Standards Continue reading
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Pennsylvania Superior Court Quashes DUI Appeal as Untimely
The Superior Court of Pennsylvania recently quashed Zebrick Hyreshie Jones’s appeal from his DUI judgement as untimely. In April 2014, Trooper Allar arrived beside a disabled vehicle on the shoulder of I-81. Trooper Allar observed damage to the hood and passenger side of the vehicle and a broken front-passenger window. The appellant was in the process of changing the left rear tire, while his girlfriend remained in the passenger seat. Trooper Allar inquired Jones as to the cause of the accident, to which he replied: “I slipped and hit a tractor trailer.” During the conversation, Allar smelled alcohol on Jones’ breath, noticed that Jones had bloodshot eyes, and saw an empty can of Bud Ice in the back of the car. Allar took Jones into custody under suspicion of DUI. A later blood test revealed that Jones had a BAC of .174%. Jones was charged with one count of DUI-high rate and one count of DUI-general impairment. Following a jury trial, the…
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License and Registration Check: Illegal Search and Seizure
“License and registration, please.” If you have ever been pulled over by police, you have probably heard this phrase. In recent years, Americans have grown more and more suspicious of police officers. With all that we see and hear on the news and in social media, arguably, there is cause for alarm in some cases. In my practice as a Jacksonville Criminal Lawyer, I get questions regarding encounters with police regularly. Criminal defense lawyers can’t always give the definite answers that people are looking for, however. Much of what we can and cannot do under Florida law is based on the particular details of a situation. There are certain rights that all Jacksonville criminal attorneys will tell you that can or should expect to be a given. With the popularity of smartphones with video recording capabilities, many people are taking it upon themselves to record officers. I recently watched a video online that showed a man pulled over at…
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The Laptop, Possession of Stolen Property and Ineffective Assistance of Counsel
This post examines a recent decision from the Court of Appeals of Washington: State v. Ferguson,2016 WL 3965105 (2016). The court begins by explaining that onJanuary 20, 2014, someone broke the back window of Janet Bressler's car and stole a 2012 MacBook Air laptop computer. Bressler's husband, David Ulane, activated an Apple security feature through the iCloud that locked the laptop to prevent its use without an additional pin code. The security feature also sent Bressler an e-mail showing the laptop's location if the current possessor turned on the computer in the area of a WiFi network.On January 21, Janet Bressler received an e-mail from Apple notifying her of the laptop's location at 2322 North Haven Street in Spokane. Bressler and Ulane researched the address on another computer and found the address to be an apartment complex. The two forwarded information about the stolen laptop to police.On January 23, Jill Fleck brought the laptop to Strong…
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