Articles Posted in White Collar Crime

Politics and Criminal Law: The Curious Case of Tom Delay and Reversal of His Convictions for Money Laundering
Kish Law LLC

Politics impacts many of our criminal cases here in Atlanta, throughout Georgia, Florida and Alabama, and in federal cases we do throughout the country. The intersection of politics and criminal prosecutions is especially prevalent in public corruption investigations. Prosecutors often have a political motive in “going after” a particular defendant, and many a prosecutor has…

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Reversal of Federal Criminal Case Because Trial Judge Prevented Defense From Presenting Important Evidence
Kish Law LLC

I recently posted about how we convinced the United States Court of Appeals for the Eleventh Circuit here in Atlanta to reverse the federal criminal case against our radiologist client because the trial judge prevented us from using important “peer review” testimony from another doctor who would have told the jury that he reached the…

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Federal Criminal Sentencing Hearings: Constitution Mandates That Judge Use Older Version of Sentencing Guidelines if It Helps the Defendant
Kish Law LLC

We do lots of sentencing hearings in federal criminal cases, here in Atlanta, throughout Georgia and other parts of the country, like Florida, Alabama, New York, California and Tennessee. Whatever state they are in, all federal judge are first required to consult the Federal Sentencing Guidelines when deciding the appropriate sentence for a person who…

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Federal Criminal Charges Against Public Officials: U.s. Attorney Announces Indictment Naming State Legislator
Kish Law LLC

Federal Criminal Charges were announced yesterday here in Atlanta by the U.S. Attorney. The feds have indicted a well-known State legislator, Representative Tyrone Brooks. According to the indictment, Representative Brooks committed mail fraud, wire fraud, and tax crimes. The grand jury returned a 30-count indictment which charges that, from the mid-1990s through 2012, Brooks solicited…

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Public Corruption Cases in Federal Court: New York Arrests Show the Feds Keep Using “honest Services” Fraud to Go After Politicians
Kish Law LLC

Many public corruption investigations turn into federal criminal cases, here in Atlanta and around the country. Our firm is involved in several of these matters right now. Most of these “white collar” cases result in our clients being charged with some variety of fraud. The feds almost always resort either to the mail or wire…

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“you Have the Right to Counsel, but We Are Going to Take Away Any Money You Have to Hire the Type of Lawyers Who Specialize in Federal Cases”: Contrasting Gideon v. Wainwright With Federal Pretrial Forfeiture Laws
Kish Law LLC

As I noted in this post, on Tuesday the Supreme Court granted certiorari in Kaley v. United States, a case calling on the Justices to answer the question of whether the Sixth and Fifth Amendments afford a Defendant the right to a pretrial hearing to challenge the seizure of her assets under the federal forfeiture…

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Federal Criminal Defense Difficult When Government Freezes Client’s Assets: Supreme Court Finally Agrees to Hear Case About Whether Prosecutors Can Obtain Pretrial Restraint of Assets Without a Hearing
Kish Law LLC

Defending federal crimes is always difficult, whether the client is a “white collar” defendant charged with fraud or whether prosecutors charge other crimes, like drug violations. However, the defense is made more difficult in federal court by virtue of the prosecutor’s ability to sometimes freeze and then forfeit all of the Defendant’s assets. Making it…

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Bankers Get Indicted: New Crimes Still Require Old Approaches
Kish Law LLC

More and more both here in Atlanta and around the country we see news stories about bankers getting indicted, financial professionals being accused of fraud, and other white collar criminal actions brought against people working in the financial sector. Also, in a recent post, I wrote about a federal criminal case where the indictment did…

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Federal Criminal Convictions Reversed Even When Lawyers Failed to Make Argument: No One Bothered to Look at Whether the Defendant’s Actions Were “contrary to Law”
Kish Law LLC

In an amazing opinion issued in Atlanta by the Eleventh Circuit, the court reversed a series of federal criminal convictions because the indictment did not even charge a crime. And, they did so even though none of the lawyers for either side bothered to address whether the indictment properly charged a federal criminal offense! The…

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Responding to a Grand Jury Subpoena Without a Lawyer: Always a Bad Idea
Kish Law LLC

Here in Atlanta we have a good relationship with the federal prosecutors, and can generally work out some good arrangements when we represent a client who is served with a federal grand jury subpoena. As we explain elsewhere, it is always a good idea to have a lawyer help one through this dangerous process. Yesterday…

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