It’s white-collar week here at the federal criminal appeals blog. Two big wins in white collar cases – a price fixing conspiracy case in U.S. v. Grimm and a sentencing win in a securities fraud case in U.S. v. Simmons.
It warms your heart right before the holidays.
This is also the last week to vote for this blog on the ABA Blog 100. Here’s the link – scroll down to the criminal justice blogs and you’ll find us.
To the victories!
1. U.S. v. Grimm, Second Circuit: Three co-defendants were tried and convicted of violating the general federal conspiracy statute for charges arising from the fixing of below-market interest rates paid by General Electric to municipalities. Finding that the continued payment of depressed interest to municipalities did not constitute overt acts in furtherance of the conspiracy, the Second Circuit held that the statute of limitations had run. The convictions were reversed and the case remanded to the district court for dismissal of the indictment.
Defense Attorneys: Howard E. Heiss, Jonathan D. Hacker, Anton Metlisky, Deanna M. Rice, James R. Smart, Walter F. Timpone, David C. Frederick, Brendan J. Crimmins, Emily T.P. Rosen, Andrew Goldsmith, John S. Siffert, Daniel M. Gitner.
2. U.S. v. Simmons, Fourth Circuit: Appellant was convicted of securities fraud, wire fraud, and two counts of money laundering. Both money laundering convictions were reversed because the transactions prosecuted as money laundering constituted essential expenses of the underlying fraud claims and therefore merged with those charges. Appellant’s sentence was vacated and the case remanded.
Defense Attorneys: Joshua B. Carpenter, Henderson Hill, Ann L. Hester.