Category Archives: Federal Criminal Law

Second Circuit Reverses Cannibal Cop Conviction, Says Government Cannot Prosecute Fantasies, No Matter how Gruesome

The Government is always trying to find a way to insert itself into the private lives individuals so it can better monitor and regulate our lives.…

Federal Bank Fraud Statute Used to Prosecute Small Time Check Forgers But Not Big Banks Responsible for Economic Meltdown

Due to devastating effects of the massive fraud committed within the financial sector over the years leading to the 2008 financial meltdown, bank fraud…

IRS Goes After Small Time Tax Cheaters but Massive Tax Avoiders Escape

On December 3, 2015, the Internal Revenue Service released its 2015 Annual Investigation Report (Report). The Criminal Investigation unit (CI) focused its investigative efforts at terrorist…

Criminal Justice Reform Conflicts with Aggressive White Collar Policy

Publicly, politicians and top law enforcement officials are loudly proclaiming the days of light fines and settlements with corporations to resolve allegations of criminal…

Appellate Court Agrees Prosecutors “Overreached at Trial” of Analogue Act Violation, Conviction Reversed

Iobal Makkar and Gaurav Sehgal operated a small town convenience store in northeastern Oklahoma named “Gitter Done.” Big Mistake to Ask Law Enforcement for…

Use of Drug Dog within Foot of Home Violates Forth Amendment, Case Reversed

In 2013, the U.S. Supreme Court in Florida v. Jardines held that the police use of a drug-sniffing dog to investigate a home and its immediate…

The “Sadistic Conduct” Enhancement in Federal Child Pornography Cases

U.S. Sentencing Guidelines § 2G2.2(b)(4) authorizes a four-level enhancement in child pornography cases when the images possessed or distributed portray sadistic conduct or depictions…

Rule of Law Prevails Over Bad Facts in Child Sex Crime Case

A little over a decade ago, the New York Times called the Fourth Circuit Court of Appeals—which encompasses North Carolina, South Carolina, Virginia, West…

Prosecutor’s Use of Perjured Testimony, Racist Rhetoric are Threat to Ordered Society

There are criminal cases in which the legal system fails.  That is precisely what happened to Paysun Long, who, after 14 years, has been ordered…

Justice Department Re-Focuses on Domestic Terrorist, Hate Groups

Given the tragic terrorist attacks on Paris, we must remain vigilant against the knee-jerk reaction to associate the law abiding, peaceful Muslims living in…

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