News
Crime
[07/02]
Man sells stolen items near home that was robbed
[07/02]
Arkansas thieves take bank ATM - but not its cash
[06/25]
Police: LI bank robbery suspect tried to hail cab
[06/25]
Man leaves Ga. jail naked, gets arrested again
[06/23]
God accused of selling cocaine near Tampa church
[06/19]
Half-ton of premium coffee beans stolen in Hawaii
[06/17]
Man crashes into police gate, asks to be jailed
[06/17]
Chase turns sour for lemonade stand robber
[06/17]
Man orders pet python to attack police officers
[06/16]
Man nabbed twice in hour for alleged drunk diving
[06/11]
Pa. man walks 25 miles to court for DUI sentencing
[06/10]
Police: Things get ugly at California gas pumps
More...
White Collar Crime
[07/07]
Judge won't hear fen-phen settlement fraud retrial
[07/07]
Fed, SEC complete information-sharing pact
[07/03]
Hedge fund scammer tells NY judge he tried suicide
[07/03]
Judge in Ky. gives panel 1 day in fen-phen trial
[07/02]
Charges filed against ex-Airbus chief
[07/02]
Fugitive hedge-fund swindler surrenders in Mass.
[07/02]
Anti-tobacco lawyer's son sentenced in bribe plan
[07/02]
Judge tells jury to deliberate in fen-phen trial
[07/01]
NY court drops last claims against Grasso
[07/01]
Zach Scruggs to be sentenced Wednesday
[07/01]
Jury clears 1 of 3 lawyers in fen-phen trial
[06/27]
Judge sentences Scruggs to 5 years in prison
More...
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Case Summaries
Criminal Law & Procedure
[07/08]
Davis v. Grant
Dismissal of a habeas petition is affirmed where a state court's holding, which found that pro se petitioner was not deprived of his Sixth Amendment rights when he was removed from the courtroom for disruptive conduct with no standby counsel appointed to represent him in his absence, was not "contrary to, or ... an unreasonable application of, clearly established" Supreme Court precedent.
[07/08]
US v. Wallace
Defendant's conviction for drug- and gun-related offenses is affirmed over claims of error regarding the sufficiency of the evidence to support his conviction, which alleged the government failed to prove that he held drugs with a commercial purpose. However, the sentence is remanded to give the district court an opportunity to indicate whether it would have imposed a non-Guidelines sentence knowing that it had discretion to deviate from the Guidelines to serve those objectives.
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Civil Procedure
[07/08]
Sec. & Exch. Comm'n v. Kirkland
An appeal from a finding of contempt and remedial sanction that followed defendant's alleged violation of an asset freeze, which was entered after the SEC filed a complaint against him, is dismissed where the circuit court lacked jurisdiction over the order of civil contempt entered below.
[07/08]
Peter Lederese & Assocs., Inc. v. World Institute of Scientology Enters., Int'l
In an appeal involving the applicability of the defense of laches in a copyright infringement suit, the circuit court rules there is a strong presumption that a plaintiff's suit is timely if it is filed before the statute of limitations has run. Only in the most extraordinary circumstances will laches be recognized as a defense. Further, even where such extraordinary circumstances exist, laches serves as a bar only to the recovery of retrospective damages, not to prospective relief. In a copyright dispute in which plaintiff-exclusive licensee of a book claimed that three entities affiliated with the Church of Scientology have been infringing its copyright by incorporating portions of the book into their instructional course materials, summary judgment for defendants is affirmed in part but vacated in part due to error in the district court's application of the fair use doctrine and the laches defense to one claim.
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White Collar Crime
[07/07]
US v. Salman
A conviction for passing a fictitious financial instrument and attempting corruptly to interfere with the administration of the internal revenue laws is affirmed where: 1) despite their being marked "NON-NEGOTIABLE," defendant's "sight drafts" qualified as unlawful fictitious financial instruments under 18 U.S.C. section 514(a)(2); and 2) a related claim that the government presented sufficient evidence to support the convictions under 26 U.S.C. section 7212(a) also failed.
[07/01]
US v. Andrews
In a prosecution for wire fraud and money laundering in which defendant agreed to forfeit remaining money to the government for division among her victims, denial of a request to impose a constructive trust that would grant claimants priority to the money over defendant's other victims is affirmed where the district court did not abuse its discretion in deciding that the traditional purpose of a constructive trust, avoiding unjust enrichment, would not be served here because the parties in opposition to claimants were other fraud victims, who would not be unjustly enriched by receiving appropriate shares of defendant's remaining loot.
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