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Articles Posted in Federal Criminal Law News

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Supreme Court May Revisit the Law on the Use of Acquitted Conduct in Federal Sentencing Hearings

Those of us that handle federal criminal cases are closely watching a case that is currently before the Supreme Court concerning the use of acquitted conduct at sentencing.  The case, Asaro v. United States, which the Court has not yet decided it will hear, provides the Court with an opportunity…

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Department of Justice Expected to End Insistence on Waiver of Appellate Rights

If reports are true, those of us that handle federal criminal cases here in Atlanta and elsewhere received some much welcomed news this morning. It is being reported by Law 360 that within the next week or so, Eric Holder is expected to announce that the Department of Justice will…

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BP Settles Federal Criminal Case and Attorney for Rig Worker Accuses Government of Indicting a Scapegoat

Earlier today, the Department of Justice issued a press release announcing that it reached an agreement with BP Oil in which BP agreed to plead guilty to a number of federal criminal violations. More specifically, according to the press release, BP has agreed to enter guilty pleas to violations of…

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Judge Beverly Martin to Speak at Criminal Law Luncheon Here in Atlanta

This Wednesday, United States Court of Appeals Judge Beverly Martin will be speaking here in Atlanta at a luncheon sponsored by the Criminal Law Section of the Atlanta Bar Association. Federal criminal lawyers here in Atlanta know Judge Martin well because she served as a district court judge here in…

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Government Recycles Risk of Danger Argument To Convince Congress To Reject Enactment of Fairness in Disclosure of Evidence Act; Congress Should not be Misled (Again)!

A week or so ago over at Ellen Podgor’s White Collar Crime Prof Blog, guest blogger Jon May summarized the testimony of Deputy Attorney General James Cole concerning the Government’s position on the Fairness in Disclosure of Evidence Act 2012, an act which would require prosecutors in federal criminal cases…

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Federal Antitrust Investigations and Prosecutions of Real Estate Foreclosure Auctions

From our offices here in Atlanta, Georgia, we have been following recent developments in a number of federal criminal investigations and prosecutions concerning antitrust violations involving real estate foreclosure auctions. For instance, back in December, the Department of Justice indicted five individuals in federal court for alleged bid rigging and…

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Federal Criminal Sentencing Seminar and Transparency in Federal Sentencing

I just returned from the Twentieth Annual National Seminar on the Federal Sentencing Guidelines. Kevin Napper, Laurel Moore Lee, and many others organized an outstanding seminar dealing with all aspects of federal criminal sentencing. It is always fun to get together with other federal practitioners and discuss how things are…

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Federal Criminal Rules Should Require Prosecutors To Turn Over Witness Lists

Earlier today, I learned of the Federal Criminal Rules Advisory Committee’s decision to vote down (on a 6-5 vote) a proposed change to the Federal Rules of Criminal Procedure that would have required prosecutors to turn over all favorable evidence to the accused. Apparently, the Department of Justice convinced the…

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