Later Bad Act Comes In at Sentencing

Post-Discovery Complaint Amendment Allowed

By Deborah Elkins
Published: May 3, 2013
Tags: Judge James C. Cacheris, Securities Fraud, U.S. District Court - Eastern District

In an investor’s suit alleging defendant technology company and its founder committed securities fraud, an Alexandria U.S. District Court overrules defendants’ objections and accepts the magistrate judge’s recommendation to allow plaintiff to file a second amended complaint and motion to compel. In his first amended complaint, plaintiff alleged defendants committed securities fraud by selling plaintiff [...]

No Civil Commitment for Sex Offender

By Deborah Elkins
Published: May 3, 2013
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge James A. Wynn Jr.

The 4th Circuit says a district court did not clearly err in finding a serial sexual abuser of minors was ineligible for civil commitment because the government did not prove he suffered from a serious mental illness; the appellate panel does not reach the question of whether the re-incarcerated offender could control his dangerous impulses. [...]

Forfeiture Upheld for Healthcare Fraud

By Deborah Elkins
Published: May 3, 2013
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge James A. Wynn Jr.

Claimants, whose doctor son fled to Turkey after indictment for healthcare fraud, cannot overturn civil forfeiture of their property seized as proceeds of fraud and money laundering; the 4th Circuit rejects the parents’ claims that the district court erred by permitting remote testimony, mistakenly prohibited admission of certain documents and refused to give their proposed [...]

No Mandatory Minimum for Crack Defendant

By Deborah Elkins
Published: May 3, 2013
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Roger L. Gregory

The 4th Circuit says a defendant who got a 10-year mandatory minimum sentence for participation in a crack cocaine distribution conspiracy must be resentenced, given that the threshold amount for the mandatory minimum to apply was raised to 280 grams by the Fair Sentencing Act, prior to defendant’s sentencing. Defendant also challenges the sufficiency of [...]

No Money Laundering Convictions Under ‘Merger Problem’

By Deborah Elkins
Published: May 3, 2013
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge William B. Traxler Jr.

In this fraud case involving a scheme to sell life settlement investments, which resulted in nearly $100 million in losses for investors, the 4th Circuit interprets “proceeds” of the scheme as “net profits” and overturns defendant’s money laundering convictions; the court affirms defendant’s remaining fraud convictions, but vacates defendant’s sentence and remands for resentencing. Defendant [...]

Capital Murder Sentences Upheld

By Deborah Elkins
Published: April 29, 2013
Tags: Criminal, Supreme Court of Virginia

The Supreme Court of Virginia denies habeas relief and upholds the death penalty for each of petitioner’s three capital murder convictions committed when he escaped from custody and shot a hospital security officer and a deputy sheriff in 2006 near the Virginia Tech campus; finding no merit in petitioner’s claims of ineffective assistance of counsel [...]

No Brady Error in Sex Offense Case

By Deborah Elkins
Published: April 29, 2013
Tags: Criminal, Justice Elizabeth A. McClanahan, Supreme Court of Virginia

At defendant’s trial for various sex offenses against his seven-year-old stepdaughter, he had enough time to make use of a recorded interview with the victim that disclosed potentially inconsistent statements, and the Supreme Court of Virginia says the Court of Appeals erred in reversing defendant’s convictions for the alleged error under Brady v. Maryland, 373 [...]

Officer’s Statements Not Coerced

By Deborah Elkins
Published: April 25, 2013
Tags: Criminal, Judge Rosemarie Annunziata, Virginia Court of Appeals

Defendant is not entitled to reversal of his misdemeanor embezzlement conviction on the basis that his statements to a superior should have been suppressed, the Court of Appeals says; the supervisor’s questions involved no threat of discharge or other economic sanction; defendant’s subjective fear that he might become the subject of an internal investigation is [...]

No Jury Trial for Treatment Petition

By Deborah Elkins
Published: April 25, 2013
Tags: Criminal, Judge D. Arthur Kelsey, Virginia Court of Appeals

A patient who has been in a state psychiatric hospital since he was found not guilty of malicious wounding by reason of insanity was not entitled to have a jury decide whether he should be required to undergo psychiatric and medical treatment against his will under Va. Code § 37.2-1101, the Court of Appeals says. [...]