Criminal Prosecution, White Collar Crimes, Sixth Amendment

Judge Rakoff Takes Aim at ‘Trial Penalty’

Lowenstein Sandler LLP on 3/12/2025

On March 10, 2025, U.S. District Judge Jed S. Rakoff of the Southern District of New York issued a decision in the case of United States v. Tavberidze, finding Section 3E1.1(b) of the United States Sentencing Guidelines in...more

Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers - Winter 2022

Cozen O'Connor on 1/13/2022

Defendants Cannot Move for Compassionate Release Based Solely on Post-Sentencing Cooperation- United States v. Claude (October 27, 2021), No. 20-3563- BACKGROUND- Defendant sought compassionate release to reduce his...more

Supreme Court Clarifies That Untainted Assets Cannot Be Frozen Pre-Trial By The Government

Proskauer - Corporate Defense and Disputes on 4/7/2016

Last week the Supreme Court further clarified the procedures and limits regarding the government’s ability to freeze assets in connection with criminal prosecutions. Following the 2014 decision in Kaley v. United States,...more

Supreme Court Holds Sixth Amendment Right to Counsel Limits Pre-Trial Asset Freezing

Dorsey & Whitney LLP on 4/7/2016

Last week the Supreme Court in Luis v. United States, No. 14-419, 578 U.S. __ (2016) limited the government’s reach to freeze a criminal defendant’s assets before trial or other judicial proceedings. Justice Breyer, writing...more

Supreme Court: Government Cannot Restrain Untainted Assets

Dorsey & Whitney LLP on 4/5/2016

Since the Supreme Court handed down its decisions in U.S. v. Monsanto, 491 U.S. 600 (1989) and Caplin & Drysdale, Chartered v U.S., 491 U.S. 617 (1989) is has been well established that a defendant’s Sixth Amendment right to...more

The Supreme Court - March 2016 #6

Dorsey & Whitney LLP on 3/31/2016

The Supreme Court of the United States issued one decision on March 30, 2016: - Luis v. United States, No. 14-419: Petitioner Sila Luis was charged with various health care related crimes. Pursuant to a federal...more

Supreme Court Rules Against Freezing "Untainted" Assets

Bracewell LLP on 3/31/2016

In a ruling that could have far-reaching implications for criminal defendants’ right to counsel of their choice, the Supreme Court decided on March 30, 2016 that the government cannot freeze “untainted” assets that are not...more

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