Search | Punch and Jurists

U.S. v. Cedeno, No. 06-CR-00701-1 (E.D.Pa.) (496 F.Supp.2d 562) (July 10, 2007) (Judge Thomas M. Golden)

Article • October 1, 2007 • from P&J October, 2007

Filed under: Punch And Jurists, Fee Arrangements

U.S. v. Cedeno, No. 06-CR-00701-1 (E.D.Pa.) (496 F.Supp.2d 562) (July 10, 2007) (Judge Thomas M. Golden) by Defendants Jose Cedeno and Juan Minier were indicted in connection with an alleged cocaine distribution conspiracy; and, at their initial detention hearing, attorney John Karoly appeared before the Magistrate Judge, stating that he …

U.S. v. Bergeson, No. 04-35312 (9th Cir.) (425 F.3d 1221) (October 13, 2005) (Judge Andrew J. Kleinfeld)

Article • September 1, 2005 • from P&J September, 2005

Filed under: Punch And Jurists, Subpoenas

U.S. v. Bergeson, No. 04-35312 (9th Cir.) (425 F.3d 1221) (October 13, 2005) (Judge Andrew J. Kleinfeld) by This case involved a Government subpoena of Nancy Bergeson, an Assistant Federal Public Defender, to testify against her own client, one Michael Casey, before a Grand Jury. Casey was indicted on drug …

In Re Grand Jury Subpoena Dated August 9, 2000, No. M 11-189 (S.D.N.Y.) (218 F.Supp.2d 544) (September 6, 2002) (Judge Denny Chin)

Article • October 1, 2002 • from P&J October, 2002

Filed under: Punch And Jurists, Subpoenas

In Re Grand Jury Subpoena Dated August 9, 2000, No. M 11-189 (S.D.N.Y.) (218 F.Supp.2d 544) (September 6, 2002) (Judge Denny Chin) by Here the Court held that a Grand Jury had the right to compel production of documents for an investigation, even where a foreign nation claimed an executive …

U.S. v. Nixon, No. 73-1766 (U.S. Supreme Court) (418 U.S. 683; 94 S.Ct. 3090) (July 24, 1974) (Justice Burger)

Article • June 21, 2002

Filed under: Punch And Jurists, Subpoenas

U.S. v. Nixon, No. 73-1766 (U.S. Supreme Court) (418 U.S. 683; 94 S.Ct. 3090) (July 24, 1974) (Justice Burger) by In this case the Court held that President Nixon was obligated to comply with a subpoena commanding him to produce certain tape recordings of his conversations with his aides. The …

U.S. v. Simonelli, No. 00-1326 (1st Cir.) (237 F.3d 19) (January 19, 2001) (Judge Sandra L. Lynch)

Article • January 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Tax Prosecutions

U.S. v. Simonelli, No. 00-1326 (1st Cir.) (237 F.3d 19) (January 19, 2001) (Judge Sandra L. Lynch) by Here the Court rejected the defendant's contention that Apprendi requires the jury to determined the amount of the tax liability in a tax fraud prosecution - "at least" because the defendant's sentence …

U.S. v. Nachamie, No. S2 98 CR. 1238(SAS) (S.D.N.Y.) (91 F.Supp.2d 552) (January 6, 2000) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Subpoenas - Quashing of

U.S. v. Nachamie, No. S2 98 CR. 1238(SAS) (S.D.N.Y.) (91 F.Supp.2d 552) (January 6, 2000) (Judge Shira A. Scheindlin) by Here, despite the general rule that a party generally lacks standing to challenge a subpoena issued to a third party absent a claim of privilege or a proprietary interest in …

U.S. v. Skeddle, No. 3:95CR736 (N.D.Ohio) (64 F.Supp.2d 700) (March 5, 1999) (Judge James G. Carr)

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

Filed under: Punch And Jurists, Subpoenas

U.S. v. Skeddle, No. 3:95CR736 (N.D.Ohio) (64 F.Supp.2d 700) (March 5, 1999) (Judge James G. Carr) by The Court stated: "Given the latitude allowed to police officers to speak with-indeed, interrogate and search-citizens in circumstances which have a distinctly greater potential for coercion, there can be no doubt that the …

In Re Grand Jury Subpoena, No. 98-4841 (4th Cir.) (175 F.3d 332) (April 29, 1999) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists, Subpoenas

In Re Grand Jury Subpoena, No. 98-4841 (4th Cir.) (175 F.3d 332) (April 29, 1999) (Judge J. Michael Luttig) by Here the Court approved the quashing of a subpoena in an ongoing criminal investigation on the grounds that its sole purpose was to obtain discovery for a parallel civil qui …

U.S. v. Silkman, No. 97-3888 (8th Cir.) (156 F.3d 833) (September 16, 1998) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Tax Prosecutions

U.S. v. Silkman, No. 97-3888 (8th Cir.) (156 F.3d 833) (September 16, 1998) (Judge James B. Loken) by This is a rare tax evasion case which the defendant won, largely because he was able to convince the Court of the inherent unfairness of the IRS's practice of issuing "naked assessments." …

U.S. v. Tenzer, No. 96-1653 (2nd Cir.) (127 F.3d 222) (September 19, 1997) (Judge Roger J. Miner)

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

Filed under: Punch And Jurists, Tax Prosecutions

U.S. v. Tenzer, No. 96-1653 (2nd Cir.) (127 F.3d 222) (September 19, 1997) (Judge Roger J. Miner) by Here the Court held that one of the key components of the Voluntary Disclosure Policy was the requirement that the taxpayer make bona fide arrangements to pay his tax liability - and …

In Re Grand Jury Subpoenas, No. 97-1002 (1st Cir.) (123 F.3d 695) (August 13, 1997) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Subpoenas - Quashing of

In Re Grand Jury Subpoenas, No. 97-1002 (1st Cir.) (123 F.3d 695) (August 13, 1997) (Judge Juan R. Torruella) by This case is noted because it reviews some of the legal principles that govern the quashing subpoenas. As the case notes, normally a party seeking to quash a subpoena cannot …

U.S. v. Villa-Chaparro, No. 96-2115 (10th Cir.) (115 F.3d 797) (June 12, 1997) (Judge Bobby R. Baldock)

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

Filed under: Punch And Jurists, Subpoenas

U.S. v. Villa-Chaparro, No. 96-2115 (10th Cir.) (115 F.3d 797) (June 12, 1997) (Judge Bobby R. Baldock) by Case held that Government's improper use of 53 subpoenas to compel witnesses to attend ex parte interviews did not warrant ordering new trial absent a showing of clear prejudice which it found …

U.S. v. Saccoccia, No. Civ. No. 91-115-04T (D.R.I.) (913 F.Supp. 129) (January 19, 1996) (Judge Ernest C. Torres)

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

Filed under: Punch And Jurists, Subpoenas

U.S. v. Saccoccia, No. Civ. No. 91-115-04T (D.R.I.) (913 F.Supp. 129) (January 19, 1996) (Judge Ernest C. Torres) by This is one of our all-time favorite cases, back for a reprise. In one of the many earlier decisions involving this same defendant, after he had been sentenced to six hundred …

U.S. v. Hang, No. 95-1360 (8th Cir.) (75 F.3d 1275) (February 7, 1996) (Judge Floyd R. Gibson)

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

Filed under: Punch And Jurists, Subpoenas

U.S. v. Hang, No. 95-1360 (8th Cir.) (75 F.3d 1275) (February 7, 1996) (Judge Floyd R. Gibson) by The Court explained the workings of Rule 17 as follows: "Rule 17 outlines the method by which the Government and criminal defendants may procure subpoenas from the district court. When a party …

U.S. v. Saccoccia, No. Civ. No. 91-115-04T (D.R.I.) (913 F.Supp. 129) (January 19, 1996) (Judge Ernest C. Torres)

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

Filed under: Punch And Jurists, Subpoenas

U.S. v. Saccoccia, No. Civ. No. 91-115-04T (D.R.I.) (913 F.Supp. 129) (January 19, 1996) (Judge Ernest C. Torres) by This is one of our all-time favorite cases, back for a reprise. In one of the many earlier decisions involving this same defendant, after he had been sentenced to six hundred …

U.S. v. Santiago-Lugo, No. Crim. No. 95-029(JAF) (D.Puerto Rico) (904 F.Supp. 43) (September 29, 1995) (Judge Jose Antonio Fuste)

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

Filed under: Punch And Jurists, Subpoenas

U.S. v. Santiago-Lugo, No. Crim. No. 95-029(JAF) (D.Puerto Rico) (904 F.Supp. 43) (September 29, 1995) (Judge Jose Antonio Fuste) by This case involved the somewhat novel but certainly ingenious practice of court-appointed counsel by which they "routinely" obtained from the Court Clerk, and then used, subpoenas under Rules 17 and …

Lord v. Kelley, No. Civ. A No. 63-932 (D.Mass.) (240 F.Supp. 167) (April 13, 2065) (Judge Charles Edward Jr. Wyzanski)

Article • January 1, 1994

Filed under: Punch And Jurists, Tax Prosecutions

Lord v. Kelley, No. Civ. A No. 63-932 (D.Mass.) (240 F.Supp. 167) (April 13, 2065) (Judge Charles Edward Jr. Wyzanski) by Despite finding that an IRS agent had defied a court order in using records that had been obtained in an unlawful search and seizure, the Court held that the …