A defendant who was already ordered to disgorge funds as a result of a civil action brought by the Securities and Exchange Commission can still be criminally charged for some of the same conduct because the disgorgement penalty was not ...

Tagged with: Criminal Judge Mark Davis U.S. District Court - Eastern District

A defendant lost his motion to dismiss an illegal re-entry indictment claiming that a prior notice to appear was deficient. The ruling is in accord with numerous district court decisions holding that compliance with immigration regulations is sufficient under the ...

Tagged with: Criminal Judge Robert E. Payne U.S. District Court - Eastern District

The attorney of record for the defendant submitted a declaration in support of a transfer motion to Texas in which he averred to the location of documents and witnesses. While the attorney’s testimony did not violate Virginia Rule of Professional ...

Tagged with: Civil Practice Judge M. Hannah Lauck U.S. District Court - Eastern District

Both parties’ motions for summary judgment were denied as there are disputed issues of material fact over the impact of multiple restrictions on the location of abortions and regulation of facilities. However, the terms “hospital” and “second trimester” are not ...

Tagged with: Constitutional Judge Henry E. Hudson U.S. District Court - Eastern District

A defendant charged with unlawful reentry to the United States after removal received an order to appear before an immigration judge that did not contain the location of the hearing. Though he contended the defect meant the court lacked jurisdiction, ...

Tagged with: Criminal Judge Rebecca Beach Smith U.S. District Court - Eastern District

Where a party’s motion for sanctions against a non-party was denied, the non-party was not entitled to sanctions against the moving party because the original sanctions motion was not filed in bad faith or intended to multiply the proceedings in ...

Tagged with: Civil Practice Judge Robert E. Payne U.S. District Court - Eastern District

A suit against prison officials sued for their alleged deliberate indifference in the death of an inmate will continue after the court denied the officials’ motion to dismiss. The officials argued that, because the complaint did not allege facts showing ...

Tagged with: Civil Rights Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District

A “cryptic and vague” note sent on behalf of an injured party did not provide sufficient context that would put a recipient on notice of a potential claim and, as a result, was insufficient to start the six-month clock ticking ...

Tagged with: Admirality Judge Robert G. Doumar U.S. District Court - Eastern District

The defendant persuaded the 16-year old to engage in actual or simulated masturbation, as well to expose her naked breasts and nude body while showering. Background On Nov. 8, 2018, a federal grand jury returned a three-count indictment charging Seitu ...

Tagged with: Criminal Judge Leonie Brinkema U.S. District Court - Eastern District

Where Fairfax County had brought an action in state court on behalf of two tenants who were discriminated against by their landlord on the basis of their familial status, the tenants could not bring a separate action in federal court ...

Tagged with: Civil Practice Judge Claude M. Hilton U.S. District Court - Eastern District