» Federal Law

Fraud - Law Offices of Hope C. Lefeber

Seventh Circuit Holds That Amount of Loss for Sentencing Enhancement, Restitution and Forfeiture Requires “Reasonable Forseeability” and “Proximate Cause”

In a very important case, the Seventh Circuit departed from the overwhelming majority of cases that with a broad brush, enhance defendants for the full amount of the fraud and order forfeiture and restitution in the full amount, regardless of a defen… Read More
Read More
Categories: Federal Law, Fraud
Supreme Court - Law Offices of Hope C. Lefeber

SUPREME COURT PROTECTS SENTENCING GUIDELINES FROM VAGUENESS CHALLENGES

On March 6, 2017, the U.S. Supreme Court in Beckles v. United States unanimously held that defendants cannot challenge the federal Sentencing Guidelines as unconstitutionally vague because they are recommendations subject to a judge’s discretion, n… Read More
Read More
Categories: Federal Law

Ineffective Assistance of Counsel: Supreme Court to Decide Whether Prejudice is Required

Recently, the Supreme Court agreed to hear Weaver v. Massachusetts, No. 16-240, and answer the question of whether a defendant who receives inadequate representation from his lawyer must also prove that he was prejudiced by the ineffective assistance… Read More
Read More
Categories: Federal Law

Proposed Amendments To Federal Sentencing Guidelines

In December, 2016, the United States Sentencing Commission proposed certain amendments to the federal sentencing guidelines that would be helpful for first offenders in that a 1-2 point reduction in the sentencing guidelines has been proposed. Part A… Read More
Read More
Supreme Court - Law Offices of Hope C. Lefeber

U.S. Supreme Court Holds No Pecuniary Benefit Necessary for Criminal Liability for Insider Trading

Today, the U.S. Supreme Court upheld the conviction of Balman, a Chicago grocery wholesaler, who received stock tips from a friend, who had received the inside information from Salman’s brother-in-law, an investment banker at Citigroup. The issue b… Read More
Read More
Categories: Federal Law, Securities
Rosemond Rights at Trial After Proffer - Law Offices of Hope C. Lefeber

Rosemond: A Criminal Defendant's Rights at Trial After a Proffer

On November 1, 2016, in United States v. Rosemond, the Second Circuit Federal Court of Appeals found that the Southern District Court of New York violated the Sixth Amendment by improperly requiring a defendant to limit his defense in a murder trial.… Read More
Read More
Categories: Federal Law
Jury seats - Law Offices of Hope C. Lefeber

Undermining the Role of the Jury?

The right against self-incrimination is a cornerstone of American jurisprudence, spelled out in the Fifth Amendment to the United States Constitution. In practice, the right against self-incrimination often comes into conflict with the justice system… Read More
Read More
Categories: Federal Law
Circuit Court Ruling - Law Offices of Hope C. Lefeber

Motion to Suppress Should Have Been Granted – U.S. v. Lull (4th Cir. 2016)

In this case, the Fourth Circuit ruled that the Motion to Suppress should have been granted because the search warrant application omitted material information about the reliability of the confidential informant, including the informant’s arrest on… Read More
Read More
Circuit Court Ruling - Law Offices of Hope C. Lefeber

No Requirement of Actual Harm for Vulnerable Victim Enhancement

In United States v. Adeolu, No. 14-3610, 2016 WL 4728003, the Third Circuit held that the vulnerable victim enhancement at U.S.S.G. § 3A1.1(b)(1), does not require actual harm to the victim, only a nexus between the victim’s vulnerability and the… Read More
Read More
Social Media is Not Self Authenticating - Law Offices of Hope C. Lefeber

Third Circuit Court of Appeals Finds Social Media Accounts Are Not Self-Authenticating

In a 2013 case, Defendant Tony Browne was charged and ultimately convicted of child pornography and sexual offenses with minors. Part of the government’s case against Mr. Browne included a record of Mr. Browne’s Facebook “chats” with minors.… Read More
Read More
Categories: Federal Law
closeClose