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James Mathurin had a hard adolescence.

As a seventeen-year old, he went on a five-month crime spree in Miami involving armed robberies and carjackings.

Finally, he was arrested when the police suspected that he had carjacked an Acura. He told the police about how he’d spent the past few months. The state law enforcement authorities investigated and corroborated a lot of what he said.

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David Sklena and Edward Sarvey worked together in the futures pit of the Chicago Board of Trade.

On April 2, 2004, between 7:31 and 7:38 in the morning, the government contends that the two men engaged in a conspiracy to commit commodities and wire fraud.

7776_share_markets.jpgSeven Minutes in April

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Last year, the friendly folks at the ABA Law Journal decided that this was one of the best 100 law-related blogs out there in 2011. I’m grateful and mildly worried about their judgment.

You, on the other hand, are here reading this blog. Which makes me think that you might like it.

If that’s true, then first, thanks very much.

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It’s very fashionable these days for United States Attorney’s Offices to bring large indictments charging many people with involvement in a drug conspiracy.

They almost always get convictions.

381260_conspiracy.jpgYet in the case of United States v. Gaskins, the D.C. Circuit – in an opinion written by a former federal prosecutor – ruled that the United States Attorney’s Office indicted, and a jury convicted, a man for being a part of a drug conspiracy when no reasonable juror could have found that he was involved.

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Glorious Shaver, Andrew White, and Jermel Lewis knew of a speakeasy in North Philadelphia.

A woman named Jeanette Ketchmore would buy bottles of booze and sell drinks from then for four or five dollars in her home. Some of those bottles of booze crossed state lines before making it to Ms. Ketchmore’s house.

1254218_glass_of_whiskey.jpgShe was not licensed by the state or local government to provide these drinks.

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It’s exceptionally rare for the Fourth Circuit to reverse a life sentence for someone who caused another person to die in the course of a botched bank robbery. And when the panel that heard the appeal has both Judges Wilkinson, and Niemeyer – whoa nelly – that’s one whopper of a government error.

1097248_guard_with_machine_gun.jpgA Bank Robbery Gone Bad

September 28, 2008 did not turn out the way Larry Whitfield had planned.

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James Wooten was on hard times.

As he later told the police, he was just sick of living in his car and running out of money.

He went into a bank. As the Sixth Circuit in United States v. Wooten, tells it:

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Albert Burgess made some bad decisions.

First, he downloaded a mass of child pornography. The folks at Immigrations and Customs Enforcement (or “ICE”) were able to find him through the payment information he supplied to the child porn purveyor.

ICE asked for and received a warrant to search his house. While his house was being searched he agreed to be questioned.

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Gentle readers,

I hope this finds you well. I wanted to raise two things with you.

First, as you’ll likely have noticed, I haven’t been too active here since June (in the sense that I haven’t been active here at all). I gave myself a bit of a summer vacation that lasted longer than I’d originally planned.

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I’d like to think that Cedrick Stubblefield has Occupy Wall Street sympathies.

Regardless, the Sixth Circuit’s opinion in United States v. Stubblefield shows why – if you’re going to commit fraud and be prosecuted in federal court – it’s better to defraud several Wal-Marts than to hit a bunch of mom and pop stores.

1379920_mom-_and-_pop_store.jpgDon’t Keep Your Drugs Near Evidence of Your Fraud