Search | Punch and Jurists

U.S. v. Bockius, No. 99-1973 (3rd Cir.) (228 F.3d 305) (September 25, 2000) (Judge Anthony J. Scirica)

Article • November 1, 2000 • from P&J November, 2000

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Bockius, No. 99-1973 (3rd Cir.) (228 F.3d 305) (September 25, 2000) (Judge Anthony J. Scirica) by The defendant was the president and one of four principals of an insurance brokerage firm. In the summer of 1995, he stole a significant sum of money from the brokerage and its …

U.S. v. Cabrales, No. 97-643 (U.S. Supreme Court) (524 U.S. 1; 118 S.Ct. 1772) (June 1, 1998) (Justice Ginsburg)

Article • June 23, 2000 • from P&J May, 1998

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Cabrales, No. 97-643 (U.S. Supreme Court) (524 U.S. 1; 118 S.Ct. 1772) (June 1, 1998) (Justice Ginsburg) by In this case the Supreme Court issued an important decision involving the proper venue for money laundering cases. The money laundering alleged in the indictment occurred entirely in Florida. The …

U.S. v. Ross, No. 98-4100 (8th Cir.) (210 F.3d 916) (April 21, 2000) (Judge Donald P. Lay)

Article • June 1, 2000 • from P&J June, 2000

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Ross, No. 98-4100 (8th Cir.) (210 F.3d 916) (April 21, 2000) (Judge Donald P. Lay) by In reversing the downward departure based on the district court's belief that the facts of this case fell outside the "heartland" of cases for money laundering, the Court stated: "We find that …

U.S. v. Hamilton, No. 97-50540 (9th Cir.) (208 F.3d 1165) (March 24, 2000) (Judge Samuel P. King)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Hamilton, No. 97-50540 (9th Cir.) (208 F.3d 1165) (March 24, 2000) (Judge Samuel P. King) by Here the Court held that the procedures set forth in § 851(a)(1) are “mandatory” and stated that “if the requirement is not satisfied, a court may not enhance a sentence even if …

Prou v. U.S., No. 98-1854 (1st Cir.) (199 F.3d 37) (December 17, 1999) (Judge Bruce M. Selya)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Jurisdiction

Prou v. U.S., No. 98-1854 (1st Cir.) (199 F.3d 37) (December 17, 1999) (Judge Bruce M. Selya) by Here the First Circuit became the only Circuit to hold that the filing and notice requirements of 21 USC § 851(a)(1) (to establish prior convictions for sentence enhancement purposes) are not jurisdictional …

U.S. v. Miranda, No. 97-5502 (11th Cir.) (197 F.3d 1357) (December 15, 1999) (Per Curiam)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Miranda, No. 97-5502 (11th Cir.) (197 F.3d 1357) (December 15, 1999) (Per Curiam) by This is an interesting case in which the Eleventh Circuit not only vacated a money laundering conspiracy conviction on ex post facto grounds (because the alleged conspiracy had ended more than a year prior …

U.S. v. Sawyer, No. Cr.A. 96-10312EFH (D.Mass.) (74 F.Supp.2d 88) (November 15, 1999) (Judge Edward F. Harrington)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Overreaching

U.S. v. Sawyer, No. Cr.A. 96-10312EFH (D.Mass.) (74 F.Supp.2d 88) (November 15, 1999) (Judge Edward F. Harrington) by QUOTE OF THE WEEK - The dangers of using “obscure or strained interpretations of state law” as a “jurisdictional hook” to commence Federal prosecutions. “[T]his Court re-emphasizes the threat to the liberty …

U.S. v. Bankston, No. 97-31057 (5th Cir.) (182 F.3d 296) (July 21, 1999) (Judge Fortunato P. Benavides)

Article • September 1, 1999 • from P&J September, 1999

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Bankston, No. 97-31057 (5th Cir.) (182 F.3d 296) (July 21, 1999) (Judge Fortunato P. Benavides) by Among the many issues raised on this appeal was a challenge by two of the defendants that their mail fraud convictions were invalid because they were beyond the scope of the mail …

U.S. v. Loe, No. 4:97CR71 (E.D.Tex.) (49 F.Supp.2d 514) (March 31, 1999) (Judge Paul N. Brown)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Tainted Funds

U.S. v. Loe, No. 4:97CR71 (E.D.Tex.) (49 F.Supp.2d 514) (March 31, 1999) (Judge Paul N. Brown) by Here the Court vacated a forfeiture verdict and the Government's claim of the facilitation theory under 18 USC § 982 because the Government failed to show a sufficient nexus between the money laundering …

Charles v. Chandler, No. 98-5747 (6th Cir.) (180 F.3d 753) (June 18, 1999) (Per Curiam)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Jurisdiction

Charles v. Chandler, No. 98-5747 (6th Cir.) (180 F.3d 753) (June 18, 1999) (Per Curiam) by This case is noted for the Court's extended discussion of the scope of the so-called "savings clause" of 28 U.S.C. § 2255, which permits a prisoner to file a § 2241 petition if the …

U.S. v. Threadgill, No. 97-40241 (5th Cir.) (172 F.3d 357) (April 13, 1999) (Judge Harold R. Jr. DeMoss)

Article • April 1, 1999 • from P&J April, 1999

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Threadgill, No. 97-40241 (5th Cir.) (172 F.3d 357) (April 13, 1999) (Judge Harold R. Jr. DeMoss) by Here the Fifth Circuit affirmed a downward sentencing departure from the money laundering Guidelines on the grounds that the money laundering charge was only incidental to the underlying charge of illegal …

U.S. v. Hemmingson, No. 97-30552 (5th Cir.) (157 F.3d 347) (September 30, 1998) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Hemmingson, No. 97-30552 (5th Cir.) (157 F.3d 347) (September 30, 1998) (Judge Jerry E. Smith) by Court held that the district court did not abuse its discretion when it determined that defendant's offenses did not fall within the heartland of the money laundering guidelines, and instead applied the …

U.S. v. Blarek, No. 97 CR 544(JBW) (E.D.N.Y.) (7 F.Supp.2d 192) (May 21, 1998) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Blarek, No. 97 CR 544(JBW) (E.D.N.Y.) (7 F.Supp.2d 192) (May 21, 1998) (Judge Jack B. Weinstein) by Case held that the Government's call for upward departures in a money laundering case would amount to a "needless act of cruelty" given the nature of the crime and the personal …

U.S. v. Buchanan, No. CRIM. 95-10188-NG (D.Mass.) (987 F.Supp. 56) (December 18, 1997) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Buchanan, No. CRIM. 95-10188-NG (D.Mass.) (987 F.Supp. 56) (December 18, 1997) (Judge Nancy Gertner) by It is not surprising that, once again, our lead case was written by Judge Nancy Gertner from Massachusetts. Consistently, she cuts through the legal gibberish and political games of criminal law to prove …

U.S. v. Adkinson, No. 92-2872 (11th Cir.) (135 F.3d 1363) (February 23, 1998) (Judge James C. Hill)

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

Filed under: Punch And Jurists, Overreaching

U.S. v. Adkinson, No. 92-2872 (11th Cir.) (135 F.3d 1363) (February 23, 1998) (Judge James C. Hill) by This is an intriguing case in which the Eleventh Circuit dismissed a series of convictions following a five month trial, during which 115 witnesses generated more than 85 volumes and 17,500 pages …

U.S. v. Adkinson, No. 92-2872 (11th Cir.) (135 F.3d 1363) (February 23, 1998) (Judge James C. Hill)

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

Filed under: Punch And Jurists, Overreaching

U.S. v. Adkinson, No. 92-2872 (11th Cir.) (135 F.3d 1363) (February 23, 1998) (Judge James C. Hill) by United States v. Adkinson, 135 F.3d 1363 (11th Cir. 1998) (Judge Hill) ("Adkinson I") United States v. Adkinson, 158 F.3d 1147 (11th Cir. 1998) (Judge Hill) ("Adkinson II") These two rather extraordinary …

U.S. v. Ailemen, No. CR-94-0003-VRW (WDB) (N.D.Cal.) (986 F.Supp. 1228) (October 24, 1997) (Judge Vaughn R. Walker)

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

Filed under: Punch And Jurists, Overreaching

U.S. v. Ailemen, No. CR-94-0003-VRW (WDB) (N.D.Cal.) (986 F.Supp. 1228) (October 24, 1997) (Judge Vaughn R. Walker) by Case granted motion to supress evidence on grounds that the affidavit in support of the wiretap order was seriously deficient and it failed to meet the "necessity requirements" contained in § 2518(1)(c). …

U.S. v. Bart, No. SA-94-CR-244 (W.D.Tex.) (973 F.Supp. 691) (August 27, 1997) (Judge Samuel F. Jr. Biery)

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

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Bart, No. SA-94-CR-244 (W.D.Tex.) (973 F.Supp. 691) (August 27, 1997) (Judge Samuel F. Jr. Biery) by Case held that sentencing departure from money laundering Guidelines is warranted when case does not involve drugs or organized crime. This masterful and far-reaching Sentencing Guidelines decision deals with an extremely important …

U.S. v. Cabrales, No. 96-3080WM (8th Cir.) (109 F.3d 471) (March 24, 1997) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Cabrales, No. 96-3080WM (8th Cir.) (109 F.3d 471) (March 24, 1997) (Judge Richard S. Arnold) by This case is noted because it is a rare case in which both the lower court and the Eighth Circuit dismissed a series of money laundering accounts on the grounds of improper …

U.S. v. Tencer, No. 95-31135 (5th Cir.) (107 F.3d 1120) (March 10, 1997) (Judge W. Eugene Davis)

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

Filed under: Punch And Jurists, Tainted Funds

U.S. v. Tencer, No. 95-31135 (5th Cir.) (107 F.3d 1120) (March 10, 1997) (Judge W. Eugene Davis) by In this case the Court was faced with the issue of whether forfeiture of property under 18 USC § 982(a)(1) "involved in" a money laundering offense includes property used to facilitate the …