Mens Rea is a legal term that refers the mental state of “criminal intent.” It is the state of mind that an individual must possess when committing an act to be guilty of a crime. Some crimes require a specific…
Category: Federal Criminal Law
2015
Category: Corporate Fraud | Federal Criminal Law | Healthcare Fraud | Uncategorized | White Collar Crime
In a major speech at New York City University this past September, Deputy Attorney General Sally Quillian Yates announced that the U.S. Justice Department had issued new policy guideline that would re-focus federal corporate criminal investigations towards holding individuals responsible…
2015
Category: Appeals | Federal Criminal Law | Guns
According to FBI statistics, there were 11,961 murders committed in the U.S. in 2014. 8124 of the murders were committed using handguns. 262 people were killed with shotguns. 248 murders were committed with rifles, including “military style assault rifles” (AR-15s…
2015
Category: Federal Criminal Law | Internet Sex Crimes | Sex Crimes
The Government is always trying to find a way to insert itself into the private lives individuals so it can better monitor and regulate our lives. Big Brother is no longer an Orwellian nightmare. It is an ever-increasing, insidious…
2015
Category: Bank Fraud | Federal Criminal Law
Due to devastating effects of the massive fraud committed within the financial sector over the years leading to the 2008 financial meltdown, bank fraud is now considered by the Government to be one of its most serious priorities.
Bank…
2015
Category: Federal Criminal Law | White Collar Crime
On December 3, 2015, the Internal Revenue Service released its 2015 Annual Investigation Report (Report). The Criminal Investigation unit (CI) focused its investigative efforts at terrorist financing, identity theft, cybercrime, public corruption, and money laundering. The number of investigations in…
2015
Category: Corporate Fraud | Federal Criminal Law | White Collar Crime
Publicly, politicians and top law enforcement officials are loudly proclaiming the days of light fines and settlements with corporations to resolve allegations of criminal wrongdoing are over.
Policies Encouraging Compliance and Disclosure Create the Corporate Snitch
Under a…
2015
Category: Appeals | Drug Crime | Drug Manufacturing | Drug Trafficking | Federal Criminal Law
Iobal Makkar and Gaurav Sehgal operated a small town convenience store in northeastern Oklahoma named “Gitter Done.”
Big Mistake to Ask Law Enforcement for Help
Questions arose about a particular incense the two men carried on the…
2015
Category: Appeals | Drug Crime | Drug Trafficking | Federal Criminal Law
In 2013, the U.S. Supreme Court in Florida v. Jardines held that the police use of a drug-sniffing dog to investigate a home and its immediate surroundings is a “search” under the Fourth Amendment, requiring a search warrant.
…
2015
Category: Federal Criminal Law | Illegal Pornography | Sex Crimes
U.S. Sentencing Guidelines § 2G2.2(b)(4) authorizes a four-level enhancement in child pornography cases when the images possessed or distributed portray sadistic conduct or depictions of violence, which means additional years on top of what is already a very significant term…