April 29, 2011
A Few Recent White Collar Decisions
Second Circuit - U.S. v. Gray, Mack, Wells, & Rhodes - Court affirms lower court holding "that an internal investigation by a privately owned prison that houses federal prisoners of an allegation of excessive force involves a 'matter within the jurisdiction' of the Department of Justice for purposes of 18 U.S.C. s 1519.
Sixth Circuit - U.S. v. Waldren (unpublished) - Court affirms conviction and sentence for making a flase statement to obtain federal worker's compensation in violation of 18 U.S.C. s 1920, but remans to recalculate the amount of restitution owed.
Seventh Circuit - U.S. v. Landwer, Jr - District court gave two-level increase for using "sophisticated means" on a fraud after defendant plead guilty. This court rejected defendant's challenge to this addition which defendant had claimed that his fraud did not involve sophisticated means because it was "too simple and dissimilar to the examples listed in the guidelines to qualify for this adjustment."
Seventh Circuit - U.S. v. Aldridge - Court rejects appeal of wire fraud and aiding and abetting wire fraud convictions, which included a Fourth Amendment argument.
Ninth Circuit - U.S. v. Nosal - Court states "[a]lthough we are mindful of the concerns raised by defense counsel regarding the criminalization of violations of an employer's computer use policy, we are persuaded that the specific intent and causation requirements of s 1030(a)(4) sufficiently protect against criminal prosecution those employees whose only violation of employer policy is the use of a company computer for personal -- but innocuous -- reasons." The court reverses and remands several counts with instructions to reinstate.
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