Law Offices of Marc Neff
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Monthly Archive: March 2010

March 30, 2010

No Decision yet from the Third Circuit Court of Appeals In Sexting vs. Child Pornography Case

In January, The United States Court of Appeals for the Third Circuit, in Philadelphia, heard arguments in a case of three female teenagers accused of participating in a practice, now referred to as “sexting”. Sexting involves taking nude or risqué photographs on a cellular phone and transmitting them via picture messaging or e-mail to another cellular user. The issue of sexting has become one of major concern in today’s teenage society, with MTV initiating a television campaign to warn of the dangers of sexting. Advocates against the practice argue that teens who participate in...

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Posted in: Internet Crime

March 25, 2010

Philadelphia Appellate Court Upholds Conspiracy Conviction in One Hundred Kilogram Cocaine Trafficking Case

In a precedential decision, the Unites States Court of Appeals for the Third Circuit reversed a judgment of acquittal from the United States District Court for the Eastern District of Pennsylvania, resulting from a 2007 drug trafficking operation involving one hundred kilograms of cocaine. Defendant, Ruben Boria was convicted of both conspiracy and aiding and abetting the possession with intent to distribute more than five kilograms of a controlled substance, after a four-day jury trial in the District Court. Subsequent to receiving the guilty verdict, Boria filed for a judgment of...

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Posted in: Drug Crimes

March 23, 2010

Supreme Court of the United States to ConsiderTwenty Year Old Political Corruption Law

The Honest Services Fraud statute, a tool used by prosecutors in political corruption cases over the past twenty years, may soon be voided or modified by the Supreme Court of the United States due to vagueness and over breadth. The Honest Services Fraud doctrine presumes that a public official owes a duty of honest service to the public who he or she represents. When that public service official breaches that duty by concealing a financial interest, and using the mail, telephone or email to do so, that politician can be prosecuted under the Honest Fraud Services statute, amongst other...

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Posted in: Federal White Collar Crime

March 19, 2010

Serial Child Pornography Offender Sentenced to One Hundred Eighty Months Special Conditions upon Release

In Philadelphia, the Third Circuit Court of Appeals recently held certain special conditions of parole, issued upon a defendant who pled guilty to transmitting child pornography as part of his sentence, were unconstitutional. Arthur Heckman pled guilty to one count of transporting child pornography. Mr. Heckman had entered a chat room on America Online and transmitted a total of eighteen sexually explicit images of minors to an undercover FBI agent. The FBI was able to obtain Mr. Heckler’s information from America Online and subsequently arrested him. Mr. Heckler, a repeat offender, was...

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Posted in: Internet Crime

March 16, 2010

Child Pornography Victim Seeks Restitution From Those Convicted of Possessing her Images

When Amy was a young girl, her Uncle sexually abused her by forcing her to pose for sexually explicit photographs and sharing those photographs with other pedophiles. Her photographs, which became known as “the Misty Series”, were some of the first photographs to ever surface in the internet world of child pornography and remain popular amongst child pornography viewers even today. Amy has since reached majority and with the help of a creative lawyer, is now seeking restitution from all those convicted of possessing her photographs. The Uncle who was responsible for violating Amy as a...

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Posted in: Child Pornography