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Articles Posted in Federal Trial Issues

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Fisherman’s theft of trade secret conviction overturned for lack of venue but netted on extortion for Grouper sites.

Timothy Smith was a software engineer living in Mobile Alabama.  An avid fisherman, he learned about a website called “Strikelines” that sells the coordinates of artificial reefs placed in various locations in the Gulf of Mexico by commercial fisherman.  These reefs are attractive fishing locations but the coordinates are not…

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Georgia real estate lawyer’s conviction and sentence for stealing millions from his law firm is upheld

  Nathan Hardwick was a real estate attorney in Georgia who managed the “closing side” of the real estate law firm practice.  The law firm sold part of its foreclosure operation to a private equity group for 14 to 15 million dollars but within a few years Hardwick’s portion of…

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A mother was sentenced to 30 years for producing child pornography and using her own two children as subjects. Worse yet, she sent it to their pedophile father.  

Litzky’s live-in boyfriend, Roberto Oquendo, was a passenger in a car pulled over for a traffic stop in Melbourne, Florida.  The officer conducting the traffic stop learned that he had child pornography on his phone.  He gave an interview and admitted having pictures of the genital areas of his daughters…

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Miami Police officers’ convictions for providing protection to undercover drug dealer is upheld

Two Miami Police officers were charged and convicted in federal court with conspiracy to possess with intent to distribute over five kilograms of cocaine, for protecting drug couriers, and for possession of a firearm during and in furtherance of a drug trafficking offense.  The investigation began with an F.B.I. investigation…

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Shrimp company owner’s false claims for federal CDSOA subsidy leads to a criminal conviction

Michael Anderson owned and operated a shrimping business called Shrimpy’s in Savannah Georgia.  From 2005 through 2007, Anderson submitted CBP (Customs & Border Protection) Forms 7401 in which he falsely claimed large business expenses as part of a scheme to acquire federal government subsidies under the Continued Dumping and Subsidy…

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No error in jury instructions for trial of a man who lured a minor online by posing as a female

Phillips went to trial and was convicted of a three-count federal indictment charging him with 1) persuading, inducing, and enticing a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction, 2) receiving material containing child pornography, and possessing material containing child pornography.  He argued…

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Lawsuit against a school board police officer for false arrest and involuntary commitment should not have been dismissed

Susan Khoury filed a lawsuit against the Miami Dade County School Board and Officer Williams, a school board police officer, for false arrest, excessive force, and First Amendment retaliation pursuant to 42 U.S.C. §1983.  Williams had detained and committed her for an involuntary mental health examination under Florida’s Baker Act…

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Conviction and life sentence for sex trafficking a minor and adults upheld as reasonable in light of the evidence

Williams appeals his conviction and sentence by a federal judge for the federal offense of sex trafficking involving a minor, and two adults.  The evidence presented at his trial showed Williams used physical abuse and emotional manipulation to force vulnerable young women to work for him as prostitutes.  The evidence…

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Conviction for crossing state lines to sexually abuse a minor upheld against Fourth Amendment challenge and claim of Government misconduct

Castaneda appealed his conviction for enticing a minor to engage in unlawful sexual activity in violation of 18 U.S.C. §2422 and one count of crossing a state line with intent to engage in sexual activity with a person under the age of 12, in violation of 18 U.S.C. §2241(c).  Following…

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Officer acted reasonably using deadly force against a driver of a vehicle who led police on a chase.

This appeal involved a 1983 civil rights lawsuit under the Fourth and Fourteenth Amendments and various state law claims against the Columbus Georgia, the chief of police, and an officer Brown from the department.  This is how the appellate court stated the issue.  Whether, after a high-speed chase, a police…

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