Articles Tagged with “Innocent Spouse”

Published on: December 19, 2012

The Eleventh Circuit Discusses When The Government Can Take Your Wife’s Stuff To Make Resitution For A Crime You Committed

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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Published on: December 3, 2012

Short Wins – Remands On The Fourth Amendment, Restitution, Fines, Sales of Parts of Golden Eagles, and What You Need to Know To Help Make Meth

By Matt Kaiser

I strongly suspect that many of our nation’s circuit court judges worked over the Thanksgiving break, because they’re back with nine wins for folks accused of crimes in our nation’s federal appellate courts.

It’s a potpourri of cases – multiplicity in the sale of Bald Eagle Parts, an innocent spouse issue in a restitution award, the reduction of a fine in an Ernst & Young tax shelter fraud case, and a few Fourth Amendment cases.

Heck, there’s even a case on a Rule 41 motion. When’s the last time you saw a federal appeals court issue a published opinion on a motion for the return of property?

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