In 6-3 decision, the Supreme Court in Snyder v. United States resolved a jurisdictional split holding that:The question in this case is whether §666 also makes it a crime for state and local officials to accept gratuities—for example, gift cards,
White Collar Crime Prof Blog
Latest from White Collar Crime Prof Blog - Page 3
S.Ct. Accepts Mail/Wire Fraud Case that Explores “Property”
By Ellen Podgor
The Supreme Court accepted the following case today:23-909 KOUSISIS V. UNITED STATES DECISION BELOW: 82 F.4th 230 CERT. GRANTED 6/17/2024QUESTION PRESENTED: The circuits are split 6-5 on the validity of the fraudulent inducement theory of mail and wire fraud.The Questions…
Sentencing Commission Change – Acquitted Conduct – “Not Guilty Means Not Guilty”
By Ellen Podgor
The Sentencing Commission has issued a statement titled - Commission Votes Unanimously to Pass Package of Reforms Including Limit On Use of Acquitted Conduct in Sentencing GuidelinesLinks to an external site. Note that in addition to the change regarding…
ABA Criminal Justice Section launches Prosecutorial Independence Task Force
By Ellen Podgor
ABA Criminal Justice Section launches Prosecutorial Independence Task Force – hereThe goal of the Task Force for Prosecutorial Independence is to preserve and strengthen prosecutorial independence and enhance the American public’s understanding of the prosecutor’s critical role in maintaining…
New DOJ Whistleblower Policy
By Ellen Podgor
Deputy Attorney General Lisa Monaco Delivers Keynote Remarks at the American Bar Association’s 39th National Institute on White Collar Crime – hereLisa Monaco stated in showcasing the new DOJ whistleblower rewards program:So we’re planning something new: a DOJ-run whistleblower…
Hunter Biden Testifies
Here is the transcript of Hunter Biden's testimony before a joint session of the House Judiciary Committee and House Oversight and Accountability Committee on February 28, 2024.Hunter Biden House Testimony Transcript.(wisenberg)
Motion Denied: Jeffrey Clark Successfully Thwarts DC Bar Office of Disciplinary Counsel’s Motion to Enforce Subpoena Duces Tecum on Fifth Amendment Privilege Grounds
In what looks to be a reaffirmation of hornbook law regarding the 5th Amendment's Privilege Against Self-Incrimination, the District of Columbia Court of Appeals, not to be confused with the U.S. Court of Appeals for the District of Columbia Circuit,…
Fourth Circuit Delivers Major Post-Ruan Decision Reversing All Counts of Conviction Against Dr. Joel Smithers
On Friday, February 2, 2024, in U.S. v. Joel Smithers, the Fourth Circuit reversed all counts of conviction against Martinsville, Virginia osteopath and pain-killer provider, Joel Smithers. The Government marshalled a mountain of evidence against Smithers, showing that he operated…
Robert Hunter Biden Motion to Dismiss Federal Gun Charges: The Briefs Are In.
The briefing is now complete on Hunter Biden's Motion to Dismiss Based on Immunity Conferred by his Diversion Agreement. This motion was filed in the District of Delaware where three felony gun counts are pending against Biden. Biden contends that…
Opening Supreme Court Brief in Fischer v. United States
As I noted last week, "the U.S. Supreme Court recently granted the Petition for Writ of Certiorari filed in Fischer v. United States, one of three cases in which the United States Court of Appeals for the D.C. Circuit interpreted 18 U.S.C. Section…