Articles Tagged with “Identity Theft”

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And, after a really long break, we’re back. Apologies. This day job has been very busy lately.

And, of course, if you ever find yourself jonesing for my writing, you can always check out my stuff on Above the Law.

You saw our guest post on Hite last week – it’s a great case that bears a close read.

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Gentle readers,

The Courts of Appeal have been more diligent in issuing opinions than we’ve been in posting them. Apologies. As those of you who do trial work can understand, sometimes it’s really hard to do anything other than eat and sleep when there are witnesses to prepare for and arguments to make. Alas.

That said, wow, these are a bunch of cases that a scholar of sentencing and supervised release law would love. Enjoy!

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It’s generally a slow time of year between Christmas and New Year’s, but the federal circuits have been busy. But who wouldn’t want to start the year with a remand in a criminal case (other than the government)?

Since we were off last week, here are the wins from the last two weeks in the federal circuits.

Happy New Year!

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Last week’s wins are below – and there are some great reads.

But today, let’s congratulate Greg Poe for his work challenging sanctions imposed on a fine career AFPD in the Sixth Circuit.

Here’s a link to the opinion.

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Happy Monday!

We have three short but good cases from the circuits from last week. I think my favorite is U.S. v. Glover, a nice suppression case. Congrats to Adam Kurland for the win.

To the victories!

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Congress these days seems to have noticed that we have too many federal criminal laws – which is a good thing (the Congressional notice, less the excessive criminal laws).

Last week, the House Judiciary Committee heard testimony on overcriminalization of regulatory crimes. The Hill has a nice write-up in “Regulation horror stories for Halloween.”

Here’s the intro:

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Erica Hall was an office assistant at an OB/GYN office in Coral Springs, Florida. The job may not have paid well, because Ms. Hall was trying to make some extra cash on the side by selling patient information to some folks who would use it to get fake credit cards.

1385735_sterilisation.jpgMs. Hall was told by the folks the government described as her coconspirators that for every patient’s personal information she handed over, she’d be paid $200. If the information was able to be used to create a credit card that could be used, she’d be paid $1000 for that patient information.

Even though Ms. Hall handed over information for between 65 to 141 folks, and that 16 of those people had information that could be used to make fake credit cards, she was only paid $200.

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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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This week’s wins cover three circuits and four diverse areas of law.

Particularly interesting (to me) are the Fourth Circuit’s opinion holding that it may not be a crime to steal the identity of a corporation. It feels like corporate personhood and its limits are popping up in all sorts of ways these days.

The Eighth Circuit has an interesting jury instruction issue in a sexual assault case, and, remarkably, the First Circuit has a remand based on the sufficiency of the evidence in a marijuana conspiracy case. A good set of wins all around.

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If you’re ever involved in a bank fraud case, you should probably read the Second Circuit’s opinion reversing Mr. Felix Nkansah’s bank fraud conviction. If the government wants to convict someone for bank fraud, the Second Circuit says they’ve got to show that the person was trying to defraud a bank (as opposed to trying to defraud someone or something else).

The Company You Keep

Felix Nkansah fell in with some bad company.