Articles Posted in White Collar Crime

Prosecutors Unhappy in Federal White Collar Cases: Supreme Court to Decide Whether There Can Be Second Trial for Defendant When First Jury Acquitted but Hung on Some Counts
Kish Law LLC

Some prosecutors are a little like complaining children, they are never satisfied unless they get their way, and they will continue to whine for a long time until they do. This past Friday, in an appeal involving a white collar federal criminal prosecution the Supreme Court took a case to answer whether federal prosecutors can…

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White Collar Crime Prosecutions: Why Do Some Cases Simply Wither Away??
Kish Law LLC

The Office of the Inspector General for the U.S. Department of Justice issued a massive report earlier this week concerning how the various federal prosecutors around the country are doing (or not doing) their jobs. While there’s a lot of truth to the old saying about “lies, damn lies and statistics”, the numbers in this…

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Lawyers in Federal Court; Major Case Affirms Right to Have Company Pay Legal Fees for Employees
Kish Law LLC

The right to have a lawyer defend a person against federal criminal charges was affirmed yesterday in a major ruling issued by the United States Court of Appeals for the Second Circuit. The case, United States v. Stein, affirmed a decision by a District Judge who dismissed all charges because the prosecutors violated the Sixth…

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Sentencing Issues for Federal White Collar Crime Cases
Kish Law LLC

The United States Court of Appeals for the Tenth Circuit recently issued a very lengthy opinion that covers a variety of sentencing issues we see quite often in federal white collar cases. Although this case came out of the appellate court that covers Denver, we see similar issues in cases here in Atlanta, the rest…

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Atlanta Money Laundering Prosecution: Federal Prosecutors Ordered to Explain Charges
Kish Law LLC

We are defending a client here in Atlanta against federal money laundering charges. The indictment seems to be confusing and unclear, so we filed several motions asking that the prosecutors explain more about what our client supposedly did wrong. Recently, a federal judge here in Atlanta granted our request. The judge entered an Order directing…

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Federal White Collar Fraud Conviction Reversed on Appeal: Pattern Jury Instruction on Fraud Held to Be Deficient
Kish Law LLC

A federal conviction in a white collar fraud prosecution out of Alabama was recently reversed by the United States Court of Appeals for the Eleventh Circuit. This case could be a very important decision for many people who have faced federal fraud charges. The decision in United States v. Svete might even impact some cases…

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Perfect Storm in Federal Prosecution: Taxes, Publicity and Race in the Wesley Snipes Case
Kish Law LLC

The high profile prosecution of actor Wesley Snipes in Orlando, Florida seems to be an example of the “perfect storm” phenomenon. The combination of publicity, taxes and race has led to a variety of interesting rulings and tactics in this federal criminal tax case. These factors are a lesson to other potential high profile targets…

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Federal Criminal Trials: Should a Defendant Take the Witness Stand??
Kish Law LLC

A person facing a federal criminal trial often asks his or her lawyer for advice about whether to take the witness stand. A recent decision in the United States Court of Appeals for the Eleventh Circuit now provides some help to criminal defense lawyers in Florida, Georgia and Alabama, the states covered by the Eleventh…

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White Collar Criminal Defense in Atlanta, Georgia: Fighting Against Appeals by the Government in the United States Court of Appeals for the Eleventh Circuit When Defendant Gets Probation
Kish Law LLC

Here in Atlanta, Georgia we convinced a federal judge to impose probation as a sentence for a client in a white collar fraud case, but we now are fighting against an appeal by the government. This is happening more and more, judges ruling that sentences are just too long for some minimally involved white collar…

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