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Indictment Against Samuel Bankman-Fried
The Indictment of Samuel Bankman- Fried is straightforward using generic fraud and conspiracy statutes, as well as some more specific statutes in the charges. (See Indictment here). Count One – Wire Fraud on Customers (18 USC 1349) Count Two – Wire Fraud on Customers (18 USC 1343) Count Three – Conspiracy to Commit Wire Fraud
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Trump v. U.S. – Special Master Not Here
The 11th Circuit issued an opinion here in the appeal of Trump v. United States looking at the question of whether "the district court had jurisdiction to block the United States from using lawfully seized records in a criminal investigation." It all came down to whether the district court even had jurisdiction to hear this
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Hello World!
Since it seems like the best way to limit supporting egomanical-billionaires that coddle the alt-right is to decentralize one’s social media presence, I’ve deactivated my account on the bird app and picked back up WordPress. You can find my rants and ravings over on Mastodon.
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U.S. v. Cristobal: Another Imperfect Post-Ruan Jury Instruction
We are continuing to witness inconsistent jury charges in the wake of the Supreme Court's groundbreaking decision late last term in Ruan v. United States. In Ruan, the Court made it clear that a health care professional cannot be convicted of illegal distribution of narcotics unless the government proves beyond a reasonable doubt that he intended
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More on Post-Ruan Jury Charges: Outside the Usual Course of Professional Practice Does NOT Equal Standard of Care. It DOES Equal Drug Pusher
As federal trial courts and litigators struggle with how to construct jury charges in light of the U.S. Supreme Court's decision late last term in Ruan v. U.S. and Kahn v. U.S. (hereinafter Ruan), it is paramount that white collar criminal defense practitioners resist all efforts by courts and prosecutors to tie, within the jury instructions,
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A Post-Ruan Problem: Jury Instructions Tying “Usual Course of Medical Practice for a Legitimate Medical Purpose” to Standard of Care
In a recent post, I briefly discussed the offense instruction in U.S. v. Romano–a post-Ruan illegal distribution case out of the Southern District of Ohio. I noted that the jury charge in Romano, "tied the concept of 'usual course of professional practice for a legitimate medical purpose' to a 'standard of medical practice generally recognized
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Another Post-Ruan Acquittal: United States v. Saloumeh Rahbarvafaei
Congratulations are in order for Licensed Physician's Assistant Saloumeh Rahbarvafaei and her defense attorneys, Federal Public Defenders Erin Murphy and Michael Driscoll, Jr. Rahbarvafaei was acquitted in late August on all eight charged counts of illegal distribution of a narcotic controlled substance. The case was out of the Central District of California. Michael Fitzgerald was
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Post-Ruan Jury Instructions: A Mixed Bag
Three recent post-Ruan cases, two resulting in acquittals and one in a guilty verdict, yielded three different offense instructions for illegal distribution of a controlled substance by a physician. In United States v. Bothra, et al., which went to the jury on the morning that the consolidated cases of Ruan v. United States and Kahn
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Post-Ruan Acquittals and Dismissals
Last June, in the consolidated cases of Ruan v. United States and Kahn v. United States (hereinafter Ruan) the U.S. Supreme Court considered the mens rea required to convict a physician charged with illegal distribution of narcotics under the Controlled Substances Act. The Court held as follows: "After a defendant produces evidence that he or she
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Cryptocurrency and Insider Trading
The DOJ issued a press release –Tippee Pleads Guilty In First Ever Cryptocurrency Insider Trading Case This is a particularly interesting case because it lets everyone know that insider trading prosecutions can be brought when the alleged scheme involves insider trading in cryptocurrency assets. (esp)
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