It is a slippery slope to a police state when our courts sanction police misconduct in the hopes of netting criminal activity and credit it to the “greater good.” Our Courts have long held that when evidence is obtained through police misconduct it should be excluded in criminal trials. The Supreme Court’s decision in Utah v…. Read more »

Effective July 11th of 2016, FinCEN will require that financial institutions keep a closer eye on its new and existing customers. A legal entity when opening a new account will be required to disclose any beneficial owners who either owns more than 25% or is the single individual who exercises control of the company. In… Read more »

The Department of Justice’s announcement that they will no longer pursue mandatory minimum sentences for certain low-level non-violent drug offenders is a step in the right direction in sentencing drug offenders in Federal Court. Finally there is a common sense approach to Federal Sentencing. Mandatory minimum sentences as a whole take away the discretion from… Read more »

This segment that aired on The Daily Show on August 13th makes a great point about “Stop & Frisk” searches: http://www.thedailyshow.com/watch/tue-august-13-2013/frisky-business—jessica-williams?xrs=share_copy One does not complain about something until it directly affects them. Stop and Frisk policies of this nature invariably result in racial profiling. Not only is this grossly unfair, it sets us back as… Read more »

In a particularly disheartening decision, the Supreme Court denied certiorari in Jones v. United States last week, which would have forced the Court to address whether an individual can be penalized for conduct for which the defendant was acquitted of by a jury under Relevant Conduct, §1B1.3 of the Sentencing Guidelines. Jones and his co-defendants… Read more »

FinCEN or Financial Crimes Enforcement Network is charged with the task of implementing and regulating Anti-Money Laundering (AML) and Counter-terrorist financing (CTF) laws. FinCEN has made it clear that simply having a compliance plan in place is insufficient without an accompanying “culture of compliance.” In a recent speech delivered by FinCen Director Jennifer Shasky Calvery… Read more »

In an attempt to crack down on cashing fraudulent tax returns, the U.S. Treasury is requiring check cashing businesses in Miami-Dade and Broward to take additional steps before cashing tax returns over $1,000. South Florida was described by a special agent in charge of IRS Criminal Investigation in the Miami Field Office as a “hotbed… Read more »

In U.S. v. Newman, the 2nd Court of appeals overturned convictions of two hedge fund traders finding that the Government had failed to show the information received by the defendants was received in exchange for a personal benefit. The Defendants received non-public information second-hand from a group of personal friends. This ruling requires the Government… Read more »

Congress rolled out a bi-partisan criminal reform bill that is cited as being the most comprehensive set of reform proposals in recent years. Among other things, it does away with the previous “three strikes” rule wherein a defendant convicted of a third non-violent drug charge may face a mandatory life sentence. It expands the safety… Read more »

If you are operating a loan modification business, it is imperative that you are informed about the laws that apply to your company. Each state has different statutes and regulations describing who may modify mortgages for homeowners and how the process must proceed. Some states are fraught with oversight and regulations, such as the requirement… Read more »