Honest Services Fraud and the Definition of “Official Acts”: Rules Every Public Official Must Know!
White Collar Attorney Michael J. Petro discusses rules public officials must know to avoid corruption charges for “official acts.”
Robert F. McDonnell v. United States, No. 15-474. Supreme Court of the United States. Decided June 27, 2016.
In 2014, the Federal Government indicted former Virginia Governor Robert...
Cross-Examination of Fingerprint Expert on “Brandon Mayfield” Case NOT Allowed
US v. Joel Rivas, No. 13-3526. A fingerprint examiner (“Rottman”) testified at trial that he was certain the partial fingerprint found on a 9 millimeter handgun belonged to Joel Rivas. Rivas’s only argument is that his rights under the Confrontation Clause of the Sixth Amendment were violated when the district court did not...
Cross Examination of Fingerprint Expert and the Confrontation Clause: Tips and Tricks
US v. Joel Rivas, No. 13-3526. A fingerprint examiner (“Rottman”) testified at trial that he was certain the partial fingerprint found on a 9 millimeter handgun belonged to Joel Rivas. Rivas’s only argument is that his rights under the Confrontation Clause of the Sixth Amendment were violated when the district court did not...
“Snitches Are a Dying Breed” And Other Aspects of “Outlaw” Criminal Forfeiture
US v. Joshua N. Bowser. Appeal of: Bradley W. Carlson. No. 15-2258. This appeal involves the government’s efforts to seize personal property bearing the insignia of the Outlaws Motorcycle Club (the “Outlaws”), and the effort of a representative of the Outlaws to intervene to prevent those forfeitures. The forfeiture actions stemmed from criminal...
“God Forgives, Outlaws Don’t.” Federal Criminal Forfeiture 101
US v. Joshua N. Bowser. Appeal of: Bradley W. Carlson. No. 15-2258. This appeal involves the government’s efforts to seize personal property bearing the insignia of the Outlaws Motorcycle Club (the “Outlaws”), and the effort of a representative of the Outlaws to intervene to prevent those forfeitures. The forfeiture actions stemmed from criminal...
Grand Jury Subpoena to Client’s Accountant: Attorney-Client Privilege May Block Production
A grand jury investigating alleged tax fraud by Dr. Basaam Osman subpoenaed numerous documents from two accounting firms hired by his attorneys. Dr. Osman sought to...
Grand Jury Subpoena to Client’s Accountant: Attorney-Client Privilege May Block Production
A grand jury investigating alleged tax fraud by Dr. Basaam Osman subpoenaed numerous documents from two accounting firms hired by his attorneys. Dr. Osman sought to...
Writ of Coram Nobis – Boilerplate Rules You Need to Know
US v. Brian Wilkozek, No. 15-1537. In 2003 Brian Wilkozek pleaded guilty to one count of mail fraud for his participation in a mortgage-fraud scheme. By the time the third-party lenders uncovered the scheme, all they could do was foreclose and sell the properties. They suffered losses of more than $700,000.
Writ of Coram Nobis – Boilerplate Rules You Need to Know
US v. Brian Wilkozek, No. 15-1537. In 2003 Brian Wilkozek pleaded guilty to one count of mail fraud for his participation in a mortgage-fraud scheme. By the time the third-party lenders uncovered the scheme, all they could do was foreclose and sell the properties. They suffered losses of more than $700,000.
Busted! DEA’s Use of “Stingray” Cell Phone Locator Without a Warrant is Illegal!
In 2015, the Drug Enforcement Administration (the “DEA”) conducted an
investigation into an international drug-trafficking organization.
As a part of that investigation, the DEA sought a warrant for pen register information and cell site location information (“CSLI”) for a...