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U.S. v. Chan, No. CR. 94-02176-01 ACK (D.Hawai'I) (22 F.Supp.2d 1123) (April 1, 1998) (Judge Alan Cooke Kay)

Article • December 1, 1998 • from P&J December, 1998

Filed under: Restitution, Punch And Jurists

U.S. v. Chan, No. CR. 94-02176-01 ACK (D.Hawai'I) (22 F.Supp.2d 1123) (April 1, 1998) (Judge Alan Cooke Kay) by This case is about a Government scam fueled by pomposity and pretense. Here, the sole victim of the defendant's criminal conduct met with a bevy of Government officials before the defendant …

Salles v. U.S., No. 97-5131 (Fed. Cir.) (156 F.3d 1383) (October 14, 1998) (Judge Christine O.C. Miller)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Forfeiture, Punch And Jurists

Salles v. U.S., No. 97-5131 (Fed. Cir.) (156 F.3d 1383) (October 14, 1998) (Judge Christine O.C. Miller) by Our dollar bills may say "In God We Trust" - but the message from this case is "Don't trust tin gods." Once again we have a case in which a snitch naively …

U.S. v. Faulks, No. 96-2056 (3rd Cir.) (143 F.3d 133) (April 29, 1998) (Judge Walter K. Stapleton)

Article • July 1, 1998 • from P&J July, 1998

Filed under: Forfeiture, Punch And Jurists

U.S. v. Faulks, No. 96-2056 (3rd Cir.) (143 F.3d 133) (April 29, 1998) (Judge Walter K. Stapleton) by The Court stated that: "Where it can be established that meritorious defenses have indeed been foreclosed undercircumstances that reflect an extraordinary sense of contrition and desire to make amends for the offense" …

U.S. v. Halper, No. 87-1383 (U.S. Supreme Court) (490 U.S. 435; 109 S.Ct. 1892) (May 15, 1989) (Justice Blackmun)

Article • May 22, 1998

Filed under: Forfeiture, Punch And Jurists

U.S. v. Halper, No. 87-1383 (U.S. Supreme Court) (490 U.S. 435; 109 S.Ct. 1892) (May 15, 1989) (Justice Blackmun) by In this case the Court held that civil penalties constitute punishment within the meaning of the Double Jeopardy Clause if they are "overwhelmingly disproportionate" to the harm suffered by the …

U.S. v. Emerson, No. 96-3166 (7th Cir.) (128 F.3d 557) (October 20, 1997) (Judge Michael S. Kanne)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Forfeiture, Punch And Jurists

U.S. v. Emerson, No. 96-3166 (7th Cir.) (128 F.3d 557) (October 20, 1997) (Judge Michael S. Kanne) by Relying heavily on U.S. v. Various Computers and Computer Equipment, 82 F.3d 582 (3rd Cir. 1996), the Court denied the defendant's claim that the prior forfeiture violated the Fifth Amendment's prohibition against …

U.S. v. Coddington, No. 96-2103 (10th Cir.) (118 F.3d 1439) (July 8, 1997) (Judge Robert H. Henry)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Forfeiture, Punch And Jurists

U.S. v. Coddington, No. 96-2103 (10th Cir.) (118 F.3d 1439) (July 8, 1997) (Judge Robert H. Henry) by The defendant in this case argued that because her personal property had been forfeited in administrative proceedings, the district court should have granted her a downward departure in her sentence pursuant to …

U.S. v. Weinberger, No. 95-5665 (4th Cir.) (91 F.3d 642) (August 2, 1996) (Judge J. Harvie III Wilkinson)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Forfeiture, Punch And Jurists

U.S. v. Weinberger, No. 95-5665 (4th Cir.) (91 F.3d 642) (August 2, 1996) (Judge J. Harvie III Wilkinson) by Although the Court noted that some Circuits have approved "extraordinary forfeitures" as a valid basis for a downward departure, it rejected any downward departures on those grounds as erroneous as a …

U.S. v. Chastain, No. 95-10267 (9th Cir.) (84 F.3d 321) (May 17, 1996) (Judge Michael Daly Hawkins)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Restitution, Punch And Jurists

U.S. v. Chastain, No. 95-10267 (9th Cir.) (84 F.3d 321) (May 17, 1996) (Judge Michael Daly Hawkins) by Court rejected a two level acceptance of responsibility where lower court relied on factors unrelated to defendant's guilt, including belief that a longer sentence would damage his law practice and thus constitute …

U.S. v. Chastain, No. 95-10267 (9th Cir.) (84 F.3d 321) (May 17, 1996) (Judge Michael Daly Hawkins)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Restitution, Punch And Jurists

U.S. v. Chastain, No. 95-10267 (9th Cir.) (84 F.3d 321) (May 17, 1996) (Judge Michael Daly Hawkins) by Here the Ninth Circuit joins the Second, Fourth, Sixth and Seventh Circuits in holding that a sentencing judge may not grant a downward departure under U.S.S.H. § 5K2.0 in order to facilitate …

U.S. v. Showerman, No. 95-1067, No. 156 (2nd Cir.) (68 F.3d 1524) (October 30, 1995) (Judge Amalya Lyle Kearse)

Article • December 1, 1995

Filed under: Restitution, Punch And Jurists

U.S. v. Showerman, No. 95-1067, No. 156 (2nd Cir.) (68 F.3d 1524) (October 30, 1995) (Judge Amalya Lyle Kearse) by This is an important (albeit surprising) case that deals with restitution, the requirements of Rule 11 of the Fed.R.Crim.P., and the necessity of advising a defendant of the "consequences" of …

U.S. v. Wright, No. CR 91-284-MA (D.Or.) (902 F.Supp. 205) (October 5, 1995) (Judge Robert E. Jones)

Article • December 1, 1995

Filed under: Forfeiture, Punch And Jurists

U.S. v. Wright, No. CR 91-284-MA (D.Or.) (902 F.Supp. 205) (October 5, 1995) (Judge Robert E. Jones) by Court refused to address question whether a downward departure is permitted on the basis of a prior civil forfeiture, stating that the issue has not been addressed by the courts. In this …

U.S. v. Flowers, No. 94-5806 (6th Cir.) (55 F.3d 218) (May 26, 1995) (Judge Alice M. Batchelder)

Article • July 1, 1995

Filed under: Restitution, Punch And Jurists

U.S. v. Flowers, No. 94-5806 (6th Cir.) (55 F.3d 218) (May 26, 1995) (Judge Alice M. Batchelder) by Case held that while a check kiter is entitled to a reduction for any funds actually available in the accounts on which the checks were drawn, he is not entitled to a …

U.S. v. Khan, No. 93-1797 (2nd Cir.) (53 F.3d 507) (April 21, 1995) (Judge Roger J. Miner)

Article • June 1, 1995

Filed under: Forfeiture, Punch And Jurists

U.S. v. Khan, No. 93-1797 (2nd Cir.) (53 F.3d 507) (April 21, 1995) (Judge Roger J. Miner) by In support of its ruling, the Court cited U.S. v. Porcelli, 865 F.2d 1352, 1355, 1364-65 (2nd Cir. 1989). Court held that in ordering restitution the cour may consider the amount of …

U.S. v. Pepper, No. 94-10321 (5th Cir.) (51 F.3d 469) (April 20, 1995) (Judge Carl E. Stewart)

Article • May 1, 1995

Filed under: Bankruptcy, Punch And Jurists

U.S. v. Pepper, No. 94-10321 (5th Cir.) (51 F.3d 469) (April 20, 1995) (Judge Carl E. Stewart) by Court held that a discharge in bankruptcy does not have any effect on the court's ability to order restitution, or the defendant's obligation to pay. In this case, the defendant argued that …