Investigating and prosecuting healthcare fraud remains one of the top priorities of the Department of Justice. Nationwide crackdowns and arrests have demonstrated that the government’s war on crime goes beyond drugs, guns, and gangs. While those are certainly a priority of DOJ and an easy way to boost prosecution numbers nationwide, they are by no means the only priority.
Many police departments around the country use body worn cameras to capture officers’ interactions with citizens and suspects. When properly used, the footage from these encounters has proven helpful to prosecutors and defense attorneys, allowing both sides to examine one aspect of the encounter. When combined with eyewitness reports, police reports, footage from video cameras in the area and traditional evidence, a more complete understanding of the incident should be available. The growing popularity of body worn cameras has revealed, however, that the recordings can present a one-sided view, and are capable of being misused, misinterpreted, and tampered with.
As digital currencies have become more popular and commonplace, the government has stepped up its efforts to make sure that transactions and offerings do not run afoul of established regulations.
With our societal addiction to the internet, smartphones, and computers, today’s teens face growing exposure to new forms of harassment and bullying. These can sometimes lead to criminal charges for those engaging in this conduct, and potentially anxiety, depression and, suicidal thoughts for the recipients.
Robert Stahl was honored to instruct at the Criminal Trial Advocacy Institute, where he was part of a distinguished panel of attorneys, judges and experts on identifying, preparing and presenting expert witnesses. Expert witnesses in criminal trials contribute their analysis and conclusions regarding autopsies, DNA evidence, fingerprints, forensic identification, as well as psychologists’ and criminologists’ reports. In addition, complex criminal cases now routinely require experts on a number of technologies, such as computer and cellphone analysis, GPS, cell site location, facial recognition and smart home devices.
I previously wrote[1] about the ever-declining number of federal criminal trials due to the trial penalty: the additional months or even years added to a sentence after a conviction at trial, as compared to resolving the case by a plea agreement. This article focuses on another factor contributing to the trial penalty: punishment based upon acquitted conduct.
Whether you are in federal or state court, well-crafted pretrial motions are essential to a successful defense. Pretrial motions are requests by way of formal motion, which may ask for the court to compel the prosecutor to turn over evidence, to dismiss the indictment or certain counts, to exclude or limit certain evidence, or to prevent the prosecutor from making certain arguments to the jury, among other things. These types of motions may also raise discovery violations; challenge the admission of evidence from searches, electronic surveillance, identifications, and custodial interrogation; and/or challenge the sufficiency of grand jury proceedings.
While people may not mourn his death based upon the heinous allegations against him, Epstein’s suicide is a high-profile example of the American prison system’s systematic failure to protect both those accused and convicted of crimes. Jails and federal holding facilities incarcerate those accused of crimes pending trial, and at times, those convicted with shorter sentences. Federal and state prisons house those who have pled or have been convicted of crimes.
At airports throughout the United States, Customs and Border Patrol (CBP) officers are seizing travelers’ cash when coming into and leaving the country for failure to report the cash. Regular international travelers may be familiar with the Customs forms airlines hand out just prior to arrival in the United States. On the form you must declare goods purchased during your international travel, as well as any cash in excess of $10,000. Most people do not realize, however, that you must also declare any cash in excess of $10,000 before you leave the United States, as well.
Whether you are being sentenced in federal or state court, it is critically important to carefully plan what you are going to say to the judge, both in written submissions and orally, before the sentence is imposed. Acceptance of responsibility and true remorse are key factors judges consider when imposing a sentence. A recent article about a federal sentencing in Florida is a perfect example. A judge in the Southern District of Florida changed her mind and imposed a more severe sentence after listening to the defendant speak. The case involved a low-income housing fraud scheme. The defendant claimed contrition and responsibility, but immediately thereafter stated he did not act with fraudulent intent and never received a single complaint of underpaying a worker. Nearly a full year was added to his sentence as a consequence. His statement, according to the judge, was a far cry from any acceptance of responsibility she had heard in 30 years on the bench. The judge also remarked that she didn’t know who the defendant made the statement for, but suspected it was for members in attendance and their perception of him as a CEO of his construction firm.