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May 25, 2010
Challenges to 18 U.S.C. 924(c)--Firearms During and In Relation to Drug/Violent Crime
The United States Supreme Court is considering how to apply 18 U.S.C. 924(c), which increases the punishment for firearms possessed during and in relation to drug crimes and crimes of violence. At issue is whether the law, which provides for mandatory minimum sentences, was designed to enhance a sentence for a drug crime or crime of violence having a greater minimum sentence. The cases to watch are United States v. Abbott and United States v. Gould. Recently, Judge Wanger in the Eastern District of California elected to run a sentence for the 18 U.S.C. 924(c) concurrent to the 10 year mandatoroy minimum for marijuana possession. We will have to see where the Supreme Court comes down on this issue.
Posted by Tim Warriner at 11:53 AM
May 12, 2010
Sacramento Area Mortgage Fraud Investigations
With the financial crisis underway, Sacramento has become a hotbed for mortgage fraud investigations. Our local United States Attorney's Office is actively investigating mortage fraud. The U.S. Justice Department has formed more than 40 mortgage-fraud task forces nationwide as prosecutors and investigators struggle with a flood of mortgage-related cases. The FBI reports that its mortgage-fraud caseload has more than doubled in three years to about 1,600 investigations. About 200 FBI agents are assigned to the cases, up from 120 a year ago. The cases are also investigated by Treasury Department agents and California Department of Real Estate investigators. Click here to view the United States Department of Justice press release concerning these investigations.
The cases are charged as conspiracies under 18 U.S.C. 371, alleging bank fraud, wire fraud, mail fraud, and money laundering. The cases are complex and document intensive. It is essential to retain a qualified federal defense attorney if contacted by law enforcement, or if there is any concern that an investigation is under way. Please contact me if you have any concerns about a possible investigation, or if you have been contacted by law enforcement. Keep in mind that many persons considered "witnesses" potentially face exposure to criminal prosecution, so retaining counsel is of utmost importance.
Posted by Tim Warriner at 11:13 AM
NPR Segment on Mortgage Fraud: Complicity of Lenders
The Great Pool of Money is a terrific and entertaining commentary on the mortgage crisis. The piece suggests the complicity of the lending institutions in causing the crisis. As an attorney representing mortgage fraud defendants, the piece suggests a line of cross examination: the lending institutions encouraged the practices that caused the bad loans in an effort to sell more mortgage backed securities. The hour long segment was aired on the NPR program, This American Life. A shorter version of the segment is also available. Click here to listen to this wonderful NPR segment.
Posted by Tim Warriner at 07:18 AM
US Attorney Ordered to Clean and Return Bong
After the government dismissed a simple possession charge against a patient, the government objected to the patient's request that his bong be returned on the ground that it contained residue. The magistrate judge ordered the US Attorney's Office to clean the bong before returning it. Click here to read more about this story, first published in the Eastern District blog.
Posted by Tim Warriner at 06:29 AM