New York Criminal Defense Law Blog
DECISIONS OF THE WEEK ENDED AUG 28, 2020
The most interesting decision from the Second Circuit this week was the summary order in United States v. Tapia, where CA2 recalled its prior decision affirming defendant’s conviction, finding that a previously-unchallenged jury instruction directly conflicted with...
DECISIONS OF THE WEEK ENDED AUG 14, 2020
This was a very quiet August week in the Second Circuit and the New York State appellate courts with only a single decision on a criminal matter published by the Circuit, which was on a technical point, and a single decision from each of the First and Second...
Drug possession and prison
Drug possession often carries harsh consequences, even if one only has a relatively small amount of an unlawful substance when they are stopped by a law enforcement official. From cocaine and hallucinogens to methamphetamine and heroin, there are many different drugs...
DECISIONS OF THE WEEK ENDED AUG 7, 2020
We have an interesting decision related to federal sentencing this week from CA2 in United States v. Huberfeld, where the Circuit vacated the sentence imposed by SDNY Senior U.S. District Judge Alvin K. Hellerstein. CA2 found that the sentencing court improperly...
Health care fraud schemes and examples
Health care fraud leads to billions of dollars in losses across America. Depending on how the cases play out, the patient might even suffer harm in the commission of this act. While a lot of the focus is often on patients or even strangers committing health care...
DECISIONS OF THE WEEK ENDED JULY 31, 2020
The courts slowed down for their traditional mid-summer break, and published only two opinions of note this week. In United States v. Smith, CA2 created significant new law relating to how long the police can delay when obtaining a search warrant for previously seized...
Understanding money laundering allegations
White collar crime is a very broad phrase that refers to a wide variety of activities. In many situations, the line between legal activity and illegal activity may be very thin and difficult to distinguish. Financial professionals and business owners alike must be...
DECISIONS OF THE WEEK ENDED JULY 24, 2020
This was an unusually busy week in CA2, with six precedential opinions in criminal cases. Most interesting among them was United States v. Solano, in which the Circuit reversed as plain error an instruction that threw defendant under the bus relative to his interest...
Understanding healthcare fraud by patients and doctors
Doctors, physicians and other healthcare providers are often some of the most giving people in our economy. However, this is not always true. Healthcare fraud is a growing issue, both on the part of the patients and the providers. Studies have shown that 10 cents for...
Broker-dealers must conform practices to Regulation Best Interest
New York broker-dealers must comply with the Securities and Exchange Commission’s Regulation Best Interest. This regulation, which became effective June 30, 2020, obligates broker-dealers to put their customers’ best interests over their own financial or other...
