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Monthly Archive: September 2012

September 17, 2012

Third Circuit Rules Unlicensed Distribution of Prescription Drugs Not an “Aggravated Felony”

In Borrome v. Attorney General, 2012 U.S. App. LEXIS 14676, Petitioner Borrome was an immigrant from the Dominican Republic, who, since August 1996 had been a lawful permanent resident of the United States. Following his conviction under a federal indictment alleging the distribution of prescription drugs including Oxycontin, an immigration judge (IJ) ordered Borrome removed. On the Government's motion, the Board of Immigration Appeals (BIA) summarily affirmed the IJ's decision without opinion pursuant to 8 C.F.R. § 1003.1(e)(4). Borrome petitioned for review. The Circuit court applied the...

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Posted in: Misdemeanor / Felony Crimes

September 12, 2012

If Police Prevent Your Car From Legally Moving, They Have Seized You

In United States v. Jones, 678 F.3d 293; 2012 U.S. App. LEXIS 9513, Defendant Frederick Jones was convicted of one count of possession of a firearm by an unlawful user of controlled substances, in violation of 18 U.S.C.S. § 922(g)(3), and the U.S. District Court for the Eastern District of Virginia sentenced him to 41 months' imprisonment and a 3-year term of supervised release. Defendant appealed the denial of his suppression motion. In Jones, two police officers in a marked patrol cruiser closely followed a car from a public road...

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Posted in: Drug Crimes

September 10, 2012

Fourth Circuit Holds that Money Laundering Applies to the Profits of Crime, Not the Expenses

In United States v. Cloud, 680 F.3d 396; 2012 U.S. App. LEXIS 10946, The United States Court of Appeals for the Fourth Circuit reversed Defendant William Roosevelt Cloud’s money laundering convictions, applying State v. Santos, 553 U.S. 507 (2008). Cloud’s convictions all stemmed from a complex mortgage-fraud scheme in which Cloud would dupe buyers with good credit into purchasing property as an ostensible joint-real estate investment with...

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Posted in: Federal White Collar Crime

September 6, 2012

Fourth Circuit Finds No FBAR Penalty Exceptions for Voluntary Disclosure and Plea Bargains

In U.S. v. Williams, 2012 U.S. App. LEXIS 15017; 2012-2 U.S. Tax Cas. (CCH) P50, 475, the United States Court of Appeals for the Fourth Circuit held that a taxpayer could be liable for significant civil penalties for failing to report interest in foreign bank accounts. The United States brought an enforcement action to collect the civil penalties assessed against defendant taxpayer Williams, pursuant to 31 U.S.C.S. § 5321(a)(5), for his failure to report his interest in two foreign bank accounts by failing to file a completed form TD F 90-22.1 (FBAR) for tax year 2000. The U.S. District...

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Posted in: Federal White Collar Crime