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Frank Amodeo pled guilty to conspiracy to defraud the United States for his failure to collect and remit payroll taxes and obstruction of an agency investigation. His offense arose from his scheme to divert his clients’ payroll taxes to his companies’ bank accounts instead of remitting the money to the I.R.S.   As part of his plea agreement he agreed to forfeit many assets including properties, luxury cars a Lear jet, and the ownership of several corporations including two corporations: AQMI Strategy Corporation and Nexia Strategy Corporation.   After the plea, the district court entered a preliminary forfeiture order for the assets, including the two corporations AQMI and Nexia. The government then moved for and received a final forfeiture order giving clear title to the United States.

Eventually, victims from Amodeo’s scheme filed lawsuits against his corporations, including the forfeited AQMI and Nexia. After the victims served the lawsuits on these two companies, the government moved to vacate the final forfeiture order because both were shell corporations without any assets. The government did not want to defend either corporation. The district court granted the motion and vacated the final forfeiture order as to these two corporations. Amodeo moved to reconsider the partial vacatur on the ground that the district court lacked jurisdiction to alter the final forfeiture order. the district court denied the Amodeo’s motion stating that it had vacated only the final forfeiture order in part and not the preliminary order.  the trial court ruled that Amodeo lacked standing to challenge the  vacatur of that order.

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Caniff was convicted of attempting to entice a minor to engage in illegal sexual conduct, with advertising for child pornography and attempted production of child pornography. The underlying facts began with an F.B.I. agent posing as a thirteen-year-old girl on Whisper, and online website and cellphone application that allows users to text or communicate anonymously with other users. The terms of Whisper’s use provide that individuals who use Whisper must be at least 13 years of age and users between the ages of 13 and 18 must be supervised by a parent.

The agent posted a photo of another agent that was age regressed to make the person look childlike posted a message from “Mandy” the purported 13-year-old. Caniff, a 32-year-old pharmacy technician responded to Mandy and after a series of text exchanges he sent several pictures of his penis and asked her for pictures of her genitalia and of her masturbating. Eventually Mandy agreed to have sex with Caniff. When he arrived at the location they were supposed to meet, he was arrested. After Caniff waived his right to remain silent, pursuant to the Fifth and Sixth Amendments, he agreed to talk to the officers without an attorney present and said he though Mandy was 18 and she was role playing.

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Frank Amodeo pled guilty to conspiracy to defraud the United States for his failure to collect and remit payroll taxes and obstruction of an agency investigation. His offense arose from his scheme to divert his clients’ payroll taxes to his companies’ bank accounts instead of remitting the money to the I.R.S.   As part of his plea agreement he agreed to forfeit many assets including properties, luxury cars a Lear jet, and the ownership of several corporations including two corporations: AQMI Strategy Corporation and Nexia Strategy Corporation.   After the plea, the district court entered a preliminary forfeiture order for the assets, including the two corporations AQMI and Nexia. The government then moved for and received a final forfeiture order giving clear title to the United States.

Eventually, victims from Amodeo’s scheme filed lawsuits against his corporations, including the forfeited AQMI and Nexia. After serving these tow companies, the government moved to vacate the final forfeiture order because both were shell corporations without any assets. The government did not want to defend either corporation. The district court granted the motion and vacated the final forfeiture order as to these two corporations. Amodeo moved to reconsider the partial vacatur on the ground that the district court lacked jurisdiction to alter the final forfeiture order.  The district court denied the Amodeo’s motion stating that it had vacated only the final forfeiture order in part and not the preliminary order. It ruled that Amodeo lacked standing to challenge the partial vacatur of that order.

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The three plaintiff’s in Paez v Mulvey case were police officers of the Golden Beach, Florida police department were arrested in 2011 on various charges of public corruption. The criminal accusations alleged that these officers fraudulently failed to report off-duty police work that would have required them to pay administrative fees to the department. The allegations in the probable cause affidavit claimed the officers were paid simultaneously by the department for work performed at the same time they were billing for off-duty work. The affidavit also claimed the officers submitted fewer hours for off-duty work than they were actually paid in order to avoid paying the town of Golden Beach a five-dollar-per-hour administrative fee for off-duty work to cover costs like insurance and the use of police vehicles.

The criminal charges against the officers were eventually dropped by the State Attorney’s Office and the case was dismissed in 2014. The officers then sued the four Miami-Dade investigators who were assigned to investigate the alleged misconduct at the Golden Beach police department and who submitted probable cause affidavits to a judge sitting the Eleventh Judicial Circuit Court in Miami-Dade County that led to the issuance of arrest warrants for the officers.

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Munksgard applied for a line of credit at a small bank operating in a few counties in west central Florida. To support his application, he submitted a surveying contract with a company Cal-Maine foods showing the signature of a Cal-Maine employee, Kyle Morris. The contract was fraudulent and Munksgard signed Morris’s’ name without knowledge or permission. He made multiple fraudulent applications for lines of credit by supporting the applications with fraudulent contracts signed by fictional employees. Munksgard was indicted on four counts of knowingly making a false statement in order to obtain a loan from an FDIC-insured bank in violation of 18 USC section 1014 and one count of aggravated identity theft for placing Morris’ signature on the Cal-Main Foods contract in violation of 18 USC section 1028A.

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Inmates at the Autry state Prison had a phone scam in which they would masquerade as law-enforcement or court officials and dupe their victims into paying them for fake infractions. Victims paid money to the inmates in the form of Green Dot numbers. Green Dot corporation sells debit cards that can be reloaded by purchasing a MoneyPak at the store’s checkout counter. Inmates possessed theses Green Dot debit cards but were not allowed to possess them in the prison so they possessed the numbers on pieces of paper and hid the papers in their cell until they could load the money. The succeeded for one inmate who collected over $15,000.

Paul Harris was a corrections officer at Autry state Prison when he discovered the scam. He worked on the shakedown team that conducted surprise search of the cell of an inmate. He began to find the Green Dot numbers and learned how the inmates obtained them and that they were worth money. Instead of turning the numbers over to supervisors, Harris loaded the money onto his Green Dot cards. Meanwhile the inmate’s scam continued. After the complaints about the scam and the FBI began to investigate, the Green Dot accounts showed that the amount Harris loaded on his Green Dote card exceeded his income. When confronted he eventually confessed.

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After serving seven years in prison for a kidnapping and rape conviction, a DNA test revealed that Echols’s DNA did not match the semen recovered from the victim. His conviction was vacated by a Georgia trial court and the local district attorney, Spencer Lawton, declined to retry the case causing it’s dismissal. A state legislator later introduced a bill to compensate Echols to compensate Echols for his wrongful convictions, but Lawton wrote a letter and memorandum to several of the legislators opposing Echols’ compensation falsely stating that Echols remained under indictment. As a result of Lawton’s correspondence, the bill failed. Echols filed a 1983 lawsuit against Lawton for violating his rights under the First and Fourteenth Amendments. The trial court dismissed the lawsuit based on its finding that Lawton had qualified immunity protection from the lawsuit.

In Echols v. Lawton, the court of appeals rejected Echols’ s appeal from the trial court’s dismissal of his claim.   It agreed that Echols stated a valid claim for retaliation under the First Amendment. A claim for First Amendment retaliation requires the plaintiff to allege that he engaged in protected speech, that the official’s conduct adversely affected the protected speech, and that a causal connection exists between the speech and the official’s retaliatory conduct. Here it was alleged that Lawton retaliated against Echols by his speech to the members of the legislature. Lawton’s speech contained defamatory statements that were libel per because it falsely stated that Echols had a criminal case pending against him. The court rejected Lawton’s to invoke the First amendment protection because it does not protect an official’s defamatory speech from a claim of retaliation.

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Brewster appealed from his denial of his 28 U.S.C. 2254 petition for a writ of habeas corpus in which he claimed his trial counsel rendered ineffective assistance by failing to move for a mistrial as any point during the deadlocked jury deliberations. In the decision issued in Brewster v Heztel, the Eleventh circuit court of appeals agreed and reversed his Alabama state court conviction.

Brewster was tried on two counts of armed robbery. On the second day of Brewster’s trial the case went to the jury. During the course of the deliberation the jury reported being deadlocked five times, once on the first day and four times on the second. The firmness of the deadlock increased as deliberations continued. The first note reported the split was 9 to 3. When asked by the judge whether there was any way the case would be resolved with a unanimous jury the foremen answered no. The second note reported that the jury could not reach a unanimous decision and that one juror had decided not guilty and that no amount of time was going to sway them. A third note reported that all jurors have decided firmly eleven guilty and one not guilty with no possibility of resolve. The fourth note said the holdout was unwilling to discuss the case. The fifth note informed the judge that the holdout was refusing to discuss the case and was doing crossword puzzles instead.

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Bob Glasscox sued Officer David Moses and the City of Argo, Alabama under 42 U.S.C. 1983 for excessive force in violation of the Fourth Amendment for injuries he received when Officer Moses tased him four times in rapid succession. Glasscox, a type 1 diabetic, suffered a severe hypoglycemic episode while driving his pickup truck on Interstate 59 near Argo, Alabama. His condition caused him to begin driving erratically, and after other drivers reported his erratic driving Officer Moses was dispatched to the scene. The events that unfolded were captured on his body camera.

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Dixon is an appeal by four defendants who participated in a drug conspiracy in the Little Havana area of Miami. Calling themselves the Big Money Team, they were a gang of drug dealers who also committed robberies and illegally possessed guns. Following a jury trial, they were convicted of drug trafficking, firearm possession, armed robbery, assault and conspiracy to distribute 280 grams of cocaine base. Defendant Chacon received a 420-month sentence, Defendant Altamirano was given 235 months followed by Dixon who received 144 months.

In challenging the conspiracy conviction, the defendants argued that the government failed to prove the existence of a single conspiracy to sell drugs. Each defendant argued that the evidence failed to establish that he joined the conspiracy. They also challenged the sufficiency of the evidence about the quantity of drugs they conspired to distribute. The court of appeals disagreed because it found the government presented ample evidence of a single conspiracy to sell drugs by the members of the Big Money Team through the “traps” maintained by members of the team where they sold drugs, shared customers, kept lookout for one another and cooperated to supply drugs consumers demanded. Even though drugs were sold at different locations, there was an interrelatedness of the operation.   Even though the government did not establish that the conspiracy had an internal control structure, the evidence did suggest an unofficial hierarchy with Chacon and Altamirano as the top guys who called the shots.

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