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April 2013 Archives

DOJ says Lance Armstrong unjustly enriched by fraud; seeks damages

Attorneys from the U.S. Department of Justice (DOJ) filed a criminal complaint last week against famed and beleaguered cyclist Lance Armstrong, alleging that Armstrong engaged in fraudulent activity when he and his bicycling team were paid by the United States Postal Service (USPS) and rode under its banner. The government claims that Armstrong was unjustly enriched through abuse of the USPS contract and seeks restitution.

Debate focuses on 'neither admit nor deny' in settlement pacts

A federal judge's tentative ruling and comments issued in a securities fraud insider trading case in New York underscore a festering judicial debate surrounding a defendant's ability in some instances to settle cases while declining to admit guilt. They also reveal a sharp dichotomy that exists between the size and power of most corporate defendants and a few entities that command far greater wealth and resources.

Focus: White collar crime and Federal Sentencing Guidelines

A recent article in Forbes Magazine focuses upon what its commentator sees as a strong anomaly in the Federal Sentencing Guidelines that many judges follow when imposing sentences on defendants charged with federal crimes.

Motion to suppress evidence targets government's "stingray" device

The federal indictment of a man who the United States government says is "The Hacker," an infamous criminal, is notably lengthy, alleging more than 70 counts of white collar crime charges that include conspiracy, Internet crimes, identity theft, bank fraud, money laundering and additional matters.

Senators: Federal sentencing too often irrational, unjust

Here's an interesting statistic that might cause more than a few readers to reflect on federal crime policies and their attendant costs for taxpayers: According to the Federal Bureau of Prisons (BOP), budget outlays for inmate upkeep and infrastructure maintenance in the federal prison system totaled nearly $7 billion last year.

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Frank, Juengel & Radefeld,
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