Published on:

William Cloud believed in the American dream of home ownership. He worked to make buying a home easy for people in his community.

He wanted to make buying a house easy, even if it would be the second or third house that a person would own.

1389529_house.jpgTo make sure the houses he was helping people buy were up to snuff, he’d buy them first and do some work on them. He’d then sell them – or, using the government’s language – he’d “flip” them to the people he was helping to become real estate investors.

Published on:

Michael Louchart sold some guns. They were stolen and he knew it.

The feds caught up to him and charged him with conspiracy to steal firearms and with receiving and selling stolen firearms, each of which violated 18 U.S.C. § 922. In the indictment, the government said that Mr. Louchart was involved in the theft of more than 75 firearms.

It’s not a coincidence that if a person steals more than 75 firearms they are then eligible for a sentencing enhancement under the sentencing guidelines.

Published on:

Like many Americans, Meggan Alexander wanted to participate in the dream of home ownership. Like many Americans, Ms. Alexander had lost her job.

Unlike many Americans, Meggan Alexander signed documents at a real estate closing that said she was employed when she wasn’t.

1117134_contract_2.jpgThe government can be a stickler for proper paperwork. Because she signed these documents saying that she was employed when she wasn’t, she was indicted for making a false statement with the intent to influence an FDIC-insured entity.

Published on:

Last year came to be known as the year that the Fourth Amendment rose again in Richmond, Virginia.

The Fourth Circuit held that police conduct violated the Fourth Amendment here, here, here, here, and here.

Last week, the Fourth Circuit did it again.

Published on:

Someone shot Eric Davis. He wasn’t hurt badly, but he was mad.

The next day, someone told him that the man who shot him was near a high school. Mr. Davis went to the high school. He saw Octavious Wilkins, and took Mr. Wilkins as the man who shot him.

Mr. Davis, and friends, approached Mr. Wilkins. They had guns drawn.

Published on:

Sometimes, it seems that Congress and the courts are in a race to see who can show that they hate child pornography the most.

Congress imposes draconian mandatory minimums on child pornographers. Federal judges impose bizarre and unsupported conditions of supervised release after the people convicted of child pornography are released from prison.

But one district court judge in Michigan blew the roof off the race to hate child pornographers the most. He maxed out the man convicted of the child porn offenses and, to show he was really tough on these kinds of crimes, he sanctioned the guy’s lawyer.

Published on:

James and Theresa DeMuro owned an engineering company in New Jersey called TAD Associates.

Not unlike yesterday’s tax case from the Eleventh Circuit, TAD Associates withheld money for taxes from its employees paychecks. TAD did not send that money along to the IRS.

The IRS approached the DeMuros about this. It was a civil matter at that point – the IRS required the DeMuros to set up a special trust account where they were to put their employees taxes.

Published on:

Stuart Register ran a business that conducted criminal background checks on people.

He had a number of employees. Employees, of course, have to be paid. To pay them, he used a payroll company – PrimePay. PrimePay withheld taxes from the employees’ pay, and told Mr. Register how much he needed to send to the government for those taxes.

Mr. Register did not send money that was withheld to pay taxes.

Published on:

Michael Jackson – no, not that one – pled guilty to dealing crack.

He did so at a particularly odd time in our Nation’s history when it comes to crack sentencing.

Mr. Jackson’s plea hearing was in June of 2009. The district court judge, wanting to give Mr. Jackson the benefit of what the court was sure would be a new change in our crack sentencing laws – sure that change he could believe in was coming – let Mr. Jackson’s sentencing hearing be delayed to see if Congress would change the crack sentencing laws.

Published on:

It must be hard for the police to be hot on a chase, then have to slow down to get a warrant.

But, even though the police are excited from being on the trail of a suspected drug mule, the Eighth Circuit held, in United States v. Ramirez, that just because the police are hurrying to get their man, they still have to get a warrant to search his room.

1144233_vacancy.jpgThe Great Omaha Goose Chase