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Tag Archives: Judge Allyson K. Duncan

States Can’t Get Forfeited Escrow Funds (access required)

The 4th Circuit vacates a district court forfeiture order for funds escrowed by defendant cigarette manufacturer, a nonparticipant in the tobacco-litigation settlement agreement who was prosecuted for tobacco-related crimes, because the district court granted an interest in the escrowed funds ...

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Intracompany Complaints Are ‘Protected Activity’ (access required)

A medical technologist’s complaints within her company about time-sheet alterations that allegedly violated the Fair Labor Standards Act are protected activity and she may sue under the FLSA’s antiretaliation provision, 29 U.S.C. § 215(a)(3), on a complaint that she was ...

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‘Anonymous’ Witness OK for Gang Trial (access required)

The 4th Circuit says a defendant convicted of racketeering and various gang-related crimes cannot overturn his convictions with a claim that his Confrontation Clause rights were violated because the government allowed two El Salvadorian police officers to testify without revealing ...

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‘Project Exile’ Case Not Selective Prosecution (access required)

An African-American defendant prosecuted in Richmond federal court for firearms possession under Project Exile cannot show racially discriminatory “selective prosecution” because two white defendants who stole the firearms in Campbell County and sold them to defendant were prosecuted in state ...

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