July 2011 - Federal Criminal Law Center

After mistrial, will Roger Clemens face a second trial?

Posted by Marcia Shein
On July 28, 2011
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Two days into the trial of Roger Clemens on federal charges of perjury, the government’s prosecutors made a major mistake that caused Judge Reggie Walton to declare a mistrial. Now, Judge Walton faces the question of whether the government can retry Clemens or if a retrial would be impossible because of the U.S. Constitution’s ban […]

Posted by Marcia Shein
On July 26, 2011
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People accused of state and federal crimes in Georgia have constitutional rights that must be protected. Recently, the U.S. Court of Appeals for the Eleventh Circuit vacated a defendant’s conviction on prescription drug charges because the defendant did not understand that he had a right to testify. At trial in the Southern District of Georgia, […]

Posted by Marcia Shein
On July 21, 2011
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The change in the crack-related crimes has been a victory for common sense and for people accused of federal drug crimes in Georgia and across the country. However, the change has brought about a great deal of confusion, which is slowly being resolved. Recently, U.S. Attorney General Eric Holder sent a memo out to all […]

Posted by Marcia Shein
On July 19, 2011
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In criminal prosecutions for most crimes, the government must prove that the defendant intended to do the actions that constituted the crime. Broadly defined, intent means that the defendant knew what he was doing. Cases involving drug charges are no exception to this rule, and prosecutors need to prove intent beyond a reasonable doubt. However, […]

Posted by Marcia Shein
On July 14, 2011
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In a federal prosecution for a white collar crime, sentences can vary widely depending on the amount of money involved and whether there were any factors in play that warrant a reduced sentence. In the specific context of federal securities law, some criminal statutes contain a no-knowledge provision. In practice, this type of no-knowledge provision […]

Posted by Marcia Shein
On July 12, 2011
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Federal law enforcement authorities are backed by a great wealth of resources, and they have been devoting a large portion of their resources to investigations of white collar crimes. As a result, a great many white collar crimes cases in Georgia end up in federal court. The investigative phase in a white collar crimes case […]

Posted by Marcia Shein
On July 11, 2011
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Prisoners eligible for a reduction of their sentence under reduced crack-cocaine guidelines pursuant to the Fair Sentencing Act made retroactive June 30, 2011, can begin petitioning judges for a revised sentence beginning November 1, 2011. Thousands of defendants sentenced under the disparate and unfair 100:1 ratio of powder cocaine to crack cocaine are now eligible […]

Posted by Marcia Shein
On July 8, 2011
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Recently, international furor over the treatment of ex IMF leader Dominique Strauss-Kahn forced prosecutors and the American criminal justice system to experience a rare moment of introspection. The outrage has had to do with so-called “perp walks.” Perp walks have long been used by police and prosecutors as a tool to shame a person who […]

Posted by Marcia Shein
On July 6, 2011
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Is it right to use one criminal case to send a message to other people who might commit similar crimes? That is an issue that is increasingly being asked about prosecutions for white collar crimes such as money laundering, mortgage fraud, insurance fraud and bank fraud. Many people have an inaccurate perception that people convicted […]

Posted by Marcia Shein
On July 1, 2011
0 Comments

In a major win for criminal defendants nationwide who have been sentenced for federal drug offenses involving crack cocaine, the U.S. Sentencing Commission has unanimously voted to make adjustments to the federal sentencing guidelines apply retroactively to existing inmates. The Fair Sentencing Act of 2010, which amends the federal sentencing guidelines, was passed to correct […]

After mistrial, will Roger Clemens face a second trial?

Federal appeals court vacates prescription drug conviction

Attorney General changes course on crack sentencing

Georgia Supreme Court overturns prescription drug conviction

Federal appeals court vacates securities fraud sentence

Atlanta man faces federal indictment for alleged Ponzi scheme

REDUCED CRACK-COCAINE GUIDELINES UNDER FAIR SENTENCING ACT RETROACTIVE

Should ‘perp walks’ be abolished?

Serious questions surround sentencing in white collar cases

U.S. Sentencing Commission makes crack cocaine sentencing reductions retroactive