Close

White Collar Criminal Defense Lawyer Blog

Updated:

Evidence was sufficient to prove possession of child pornographic images

  In U.S. v Little received multiple emails on his smart phone containing child pornography on December 21, 2013, while he was in Texas. At the time he was in Texas he opened the email and the pornographic attachments. Then Little moved from Texas to Tampa Florida to work on…

Updated:

New sentencing hearing ordered for evidence to support identity theft enhancement

In U.S. v Wright the defendant Wright pled guilty to conspiracy to commit wire fraud and aggravated identity theft by filing fraudulent tax returns in the name of identity theft victims in order to obtain the refunds in violation of 18 USC §1349 and possessing 15 or more counterfeit and unauthorized…

Updated:

With no evidence Defendant knew he possessed drugs, the conviction is thrown out

  In U.S. v. Louise, the Customs and Border Protection (CBP) was tipped off that the Ana Celia, a coastal freighter used to export goods from the United States to Haiti, was returning from Haiti to Miami carrying narcotic drugs. While the boat was docked in the Miami port, CBP…

Updated:

Entering defendant’s home under the ruse of investigating a reported burglary not a Fourth Amendment violation

In U.S. v. Spivey, the defendants Spivey and Austin reported to police their home had been burglarized. When the police caught the burglar, he informed them that this residence was the site of substantial credit-card fraud and much high-end merchandise was kept there. Two South Florida Organized Fraud Task Force…

Updated:

Sentence increase for past sexual acts on a minor upheld.

  David Ryan Alberts was sentenced to 120 months after pleading to receiving and possessing child pornography. Albers was arrested after F.B.I. agents in Orlando Florida went to Albert’s home and where he admitted accessing and receiving and possessing child pornography as long as 15 years ago. They discovered over…

Updated:

A jury does not have to unanimously decide the type of sexual activity the defendant attempted to commit on a minor to violate federal statute.

Defendant Freeman Jockisch was indicted and convicted of a violation 18 USC §2422(b) which prohibits the use of the Internet to attempt to persuade a minor to engage in sexual activity. The indictment alleged he tried to commit rape in the second degree, sodomy in the second degree, and sexual…

Updated:

Fugitive defendant in Saudi Arabia cannot challenge his kidnapping charge from outside the United States

  In U.S. v. Shalhoub the court addressed the issue of whether the denial of a motion for special appearance of counsel to seek the dismissal of an indictment on the ground that the defendant is a fugitive from justice is an immediately appealable collateral order. If not then the…

Updated:

An attorney’s seven-minute absence from the trial did not violate the client’s Sixth Amendment.

  A three-judge panel was reversed in U.S. v Roy by the En Banc court and the defendant’s conviction in federal court in Miami was reinstated for reasons explained below.   Here is what happened at the trial. Roy was charged in a five-count indictment with sext crimes related to minor girls. Count one…

Updated:

FSU professor avoids federal conviction for embezzling from FSU organization

In U.S. v Doran, Dr. James Doran was convicted under 18 U.S.C. 666 of embezzlement form the Florida State University (FSU) as an organization receiving federal funds. He argued on appeals that he is entitled to a judgment of acquittal because any embezzlement was not from FSU and that the…

Contact Us