Trial

Wire Fraud and Stealing Confidential Business Information

Confidential Business Information, mail and wire fraud statutes

Employees of corporations have varying levels of access to the corporation’s information that the business may consider confidential. One significant source of criminal prosecutions is the use of confidential information by employees for their own personal gain and to the detriment of the company. When does benefiting from confidential business information cross the legal line?…

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Juror Misconduct After a Conviction: Potential for New Trial?

Juror Misconduct

In United States v. French, the First Circuit Court of Appeals addressed an interesting development in a case involving two defendants charged with owning and running a marijuana farming operation on about 80,000 acres of land in Maine. Both defendants were convicted of the drug-related charges but later found out that one of the jurors on…

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Posting Not Necessarily “Advertisement” Under 18 USC 2251

18 usc 2251

18 USC 2251 (d)(1) makes it federal crime for anyone to post a “notice or advertisement seeking or offering— (A) to receive, exchange, buy, produce, display, distribute, or reproduce, any visual depiction, if the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is…

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Constructive Amendment To Indictment Requires Reversal Of Attempted Sex Trafficking Conviction

constructive amendment

The U.S. Court of Appeals for the Ninth Circuit has reversed a defendant’s conviction for attempted sex trafficking after finding constructive amendment to indictment had occurred during trial. Ricky Davis was charged with attempted sex trafficking, a violation of 18 U.S.C. 1591(a). The indictment alleged that Davis “… knowingly attempted to recruit, entice, harbor, transport,…

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Ex Parte Communications By Judge With Jury Required Reversal Of Convictions

ex parte-communications

At Martin Bradley III’s trial for racketeering, mail fraud, wire fraud, and money laundering, the district court had two ex parte communications with the jury. Bradley’s defense lawyers did not become aware of notes until after his appeal. Bradley filed a 2255 motion arguing, in addition to other things, that the court had violated Rule…

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