NINTH CIRCUIT REVERSES ACCESS DEVICE FRAUD CONVICTION

Leslie N. Onyesoh was arrested when postal agents found “stolen mail, credit cards, and a spreadsheet containing 500 expired credit card numbers” in his house. He was convicted of possession of stolen mail and access device fraud, including the knowing possession of ‘fifteen or more . . . unauthorized access devices’ with the intent to defraud.” “An unauthorized access device is defined as ‘any access device that is lost, stolen, expired, revoked, canceled, or obtained with intent to defraud. . […] Read more »

SUPREME COURT UPHOLDS DEPORTATION FOR FILING A FALSE TAX RETURN

Akio and Fusako Kawashima plead guilty to tax offenses. Akio plead to willfully making and subscribing a false tax return in violation of 26 U. S. C. §7206(1). Fusako plead to aiding and assisting in the preparation of a false tax return in violation of 26 U. S. C. §7206(2). They are lawful permanent residents, citizens of Japan. The Immigration and Naturalization Service started the deportation process following their convictions. Under the Aliens and Nationality Code (8 U.S.C) anyone who […] Read more »

NINTH CIRCUIT RULES OUT REHABILITATION AS A REASON FOR IMPRISONMENT

In Tapia v. United States the Supreme Court held that under Federal statutory law judges can not consider rehabilitation in determining how to sentence a defendant or the length of the sentence. The Ninth Circuit last week in United States v, Grant held that Tapia applied not only to the original sentence but also to violations of supervised release conditions. Leon W, Grant was convicted of two counts of bank fraud. He was sentenced to two days in jail and […] Read more »

COURT REVERSES GRANT OF SUMMARY JUDGEMENT DUE TO LACK OF PROBABLE CAUSE

Hershel Oscar Rosenbaum received free tickets to the Nevada State Fair from radio station KOZZ. He did not want to use the tickets. Rosenbaum, his wife and his two young children went to the fair. His wife stayed in the car while Rosenbaum and the children got out of the car. Rosenbaum proceeded to sell the tickets for five dollar each while he was standing in front of the fair. Deputy Sheriff Lieutenant James Forbus approached Rosenbaum, took the children […] Read more »

SECURITIES FRAUD CONVICTION REVERSED FOR LACK OF VENUE

Julian Tzolov and Eric Butler were charged in a three count indictment in the United States District Court for the Eastern District of New York with security fraud. Both in the trial court and on appeal they challenged venue in the Eastern District of New York. In Count I they were charged with Conspiracy to Commit Securities Fraud. In Count II they were charged with Securities Fraud in relation to the collapse of the auction rate securities (“ARS”) market in […] Read more »

SECOND CIRCUIT REINSTATES CONVICTION FOR CONSPIRACY

A jury in the Northern District of New York found Mark Desnoyers guilty on a number of counts including conspiracy to violate the Clean Air Act and to commit mail fraud in violation of 18 U.S.C. § 371. The judge overruled the jury and entered a judgment of acquittal on the conspiracy count finding the evidence both factually and legally insufficiency. Factual insufficiency is fairly easy to understand. If no rational jury could find the defendant guilty based upon the […] Read more »

FORMER JUDGE CIAVARELLA CONVICTED

Former Luzerne County Pennsylvania Common Pleas Court Judge Mark A. Ciavarella Jr. was found guilty of racketeering, racketeering conspiracy, honest services mail fraud, money laundering conspiracy and a host of tax fraud charges in what has become known as the“Kids for Cash Scandal.” As a juvenile court judge, it was alleged that Ciavarella received money from a for profit company in exchange for sending children to the company’s private jail. Many of the children were sent to the facility for […] Read more »

SECOND CIRCUIT REFUSES TO ORDER DISCOVERY OF CO-CONSPIRATOR’S PROFFERED STATEMENT

In a multi-defendant prosecution for bank fraud the government informed the defendants that it planned to use statements made by co-conspirators, but not to call them as witnesses. The statements would come into evidence under an exception to the hearsay rule which allows the admission of statements made during the pendency and in furtherance of a conspiracy. The defendants requested the complete notes taken during the proffers of those co-conspirators who’s statements the prosecution planned to use during trial. The […] Read more »

JOHN MARKHAM II DISQUALIFIED IN LYNDON LAROUCHE LITIGATION

A former assistant United States attorney who prosecuted fraud cases against Lyndon LaRouche in the 1980′s has been disqualified to represent a woman suing LaRouche. After prosecuting LaRouche, John Markham II left the United States Attorneys office in 1989 and formed a private practice. Now he has been retained by Marielle “Molly” Kronberg, a former government witness against LaRouche to sue LaRouche and others for harassment. But according to The BLT: The Blog of LegalTimes Judge Anthony Trenga of the […] Read more »