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Tamatha Hilton was the bookkeeper for a company called Woodsmith’s. Woodsmith’s made furniture. Ms. Hilton made bad decisions.

Specifically, for a few years, she took checks written by Woodsmith’s customers and gave them to her husband, Jimmy Hilton. Mr. Hilton did not work at Woodsmith’s.

Mr. Hilton gave the checks to his ex-wife, Jacqueline Hilton. Ms. Hilton opened a bank account at Suntrust in her name, saying that she was the owner of a company called Woodsmiths Furniture Company.

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It’s hard not to want to celebrate the orderly processes of government on the day after a Presidential Inauguration.

Though, for those of us who represent people accused of crimes, the “orderly processes of government” may feel a bit different. It’s good that we don’t have lynch mobs or posses with pitchforks chasing people who we think have violated the norms of our society.

But, as our President reminded us yesterday, our journey is not complete. Of course, most folks agree with the President that our journey is not complete until women earn equal pay, same sex couples can marry, voting rights are meaningful, and immigrants are welcomed.

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Who doesn’t love a good Franks hearing? Apparently the district court judge in the Seventh Circuit case of United States v. McMurtrey.

It’s a relatively quiet week in the federal circuit’s for defense victories. A Fourth Amendment win in the Tenth Circuit, a few sentencing remands, and, most exciting (for me) a Franks hearing remand in the Seventh.

To the victories!

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It seems that Rolando Ramos was a marijuana dealer. I say that because the police had him on a wire doing drug deals, found marijuana in his house when the executed a search warrant, and because he pled guilty to being involved in a conspiracy to distribute marijuana.

Mr. Ramos worked at a auto repair shop – which he dealt marijuana out of. One guy who worked at the repair shop had a brother in law who was a cop. The cop’s name is Carlos Burgos.

Mr. Burgos was convicted of being a part of Mr. Ramos’s drug distribution conspiracy. But the First Circuit, in United States v. Burgos, overturned that conviction because there wasn’t enough evidence.

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Happy New Year!

In our first “Short Wins” of the new year, the Eighth Circuit reverses a district court’s order restricting a person in BOP custody from communicating with folks on the outside, the Ninth Circuit reverses on a career offender determination, and the Sixth Circuit reversed when a district court didn’t give a person counsel in a competency hearing.

My personal favorite, though, is the Ninth Circuit’s remand in a mail fraud case that, the court of appeals determined did not involve the mails.

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Alfred Caronia was a sales rep for a pharmaceutical company. And, despite what you might think by reading some of the literature, being a pharmaceutical sales rep is not a crime. It’s even more emphatically not a crime after the Second Circuit’s opinion in United States v. Caronia.

1213599_pills.jpgPart of Mr. Caronia’s job was to encourage folks to buy Xyrem.

According to the Second Circuit,

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Five partners at Ernst & Young – Robert Coplan, Martin Nissenbaum, Richard Shapiro, and Brian Vaughn, and Charles Bolton – were charged with a number of tax crimes in federal court in New York, specifically tax evasion, conspiracy to defraud the United States, and lying to the IRS. The Second Circuit said that the government didn’t prove that two of the men were guilty and send the case back.

Ernst & Young had developed a number of tax shelters. Tax shelters – to be clear – are not themselves necessarily legal or illegal. As the jury was instructed, “it depends on the facts.”

1102930_piggy_bank_1.jpgThere were five tax shelters at issue. The Second Circuit, in United States v. Coplan, described the tax shelter that was the basis of the tax evasion count this way:

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One would have thought that, with the end of the world predicted for Friday of last week, our nation’s appellate courts would have spent their last week on Earth with family or friends, rather than cranking out wins for folks charged with federal crimes.

Perhaps circuit court judges have access to better science than those who thought that the movie 2012 was a documentary set in the future. Our federal courts of appeal cranked out a whopping 6 victories for people accused of crimes in federal court last week. Perhaps they were simply trying to clear their docket up for more relaxed figgy pudding on Tuesday.

There are some good cases here involving a wide range of federal criminal topics – restitution, gun sentencing, trial sequestration, stalking using a telecommunications device, and civil rights violations. It’s a nice stocking stuffer of law for this slow week.

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When a person is convicted of a federal crime, especially in a fraud case, but in lots of other kinds of federal criminal cases too, the district court sometimes also orders that the person pay restitution.

The point of restitution is that the person has to pay back any money that they took – they have to make any victims of the crime whole again.

To satisfy a restitution judgment, the federal government can go try to get that money from assets that a person has – they can go after bank accounts and retirement accounts and houses.

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There’s little judicial attention paid to folks who have their stuff taken by the police executing a search warrant – and who want it back later.

Thankfully, just in time for Christmas, the Eighth Circuit breaks out with United States v. Bailey.

1382778_old_brick_cell_phone.jpgNot George Bailey And Perhaps Not A Wonderful Life