Case 1:12-cr RLY-TAB Document 109 Filed 10/15/13 Page 1 of 24 PageID #: 461

Size: px
Start display at page:

Download "Case 1:12-cr-00129-RLY-TAB Document 109 Filed 10/15/13 Page 1 of 24 PageID #: 461"

Transcription

1 Case 1:12-cr RLY-TAB Document 109 Filed 10/15/13 Page 1 of 24 PageID #: 461 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) No. 1:12-CR RLY-TAB ) WILLIAM F. CONOUR, ) ) Defendant. ) UNITED STATES SENTENCING COMMENTARY The United States of America by its attorneys, James A. Lewis, United States Attorney for the Central District of Illinois, and Jason M. Bohm, Assistant United States Attorney, as Special Attorneys to the United States Attorney General, files its sentencing commentary. Background William Conour, the defendant, was a prominent personal injury lawyer in Indiana. He portrayed an image of being highly successful. He drove luxury cars including Bentley, Mercedes, and Porsche. He lived in a mansion, had a condo in Carmel, and a horse farm north of Indianapolis. He had luxury boxes at concerts and sporting events. He gave $450,000 to the Indiana University School of Law to create the William and Jennifer Conour Atrium. He simultaneously portrayed himself as an ethical professional. In a promotional video for his law firm the defendant stated:

2 Case 1:12-cr RLY-TAB Document 109 Filed 10/15/13 Page 2 of 24 PageID #: 462 The Conour Law Firm focuses on representing seriously, catastrophically injured persons and persons who had been wrongfully killed. We have chosen to focus on this area of serious personal injury and we have been very serious about pursuing professionalism as part of that career. A lawyer s background is very helpful to his clients, the more the lawyer knows about the liability aspects of the case and the medical aspects of the case, the more the lawyer can do for his client. In a second promotional video, the defendant stated: The major long-term goal we consider for our client is economic security. The injury has already happened, the tragedy has occurred, there is nothing we can do about that, but providing some type of future financial security and all the medical care that needs to be provided is what we can do for our client or for his family. In reality, however, the images the defendant portrayed were mirages. Rather than being highly successful, the defendant stole nearly $7 million dollars from his clients to finance his lavish lifestyle. Rather than being an ethical professional, the defendant disregarded the Indiana Oath of Attorneys and preyed upon the defenseless, the oppressed or those who cannot afford adequate legal assistance. These are precisely the type of people that the defendant, like all Indiana lawyers, took an oath to serve. Rather than serving his clients, the defendant understood the legal system and consistently exploited it to his advantage. His clients were largely naïve to the legal system and relied on the defendant to navigate the system for them. They also relied on the settlements of their claims for compensation to replace either their inability to work or the permanent loss of a wage earner. In exchange for his services, the defendant generally took 40% of the settlement in attorney s fees. For the 36 identified victims in 2

3 Case 1:12-cr RLY-TAB Document 109 Filed 10/15/13 Page 3 of 24 PageID #: 463 this case, the defendant was paid nearly $3.5 million dollars in attorney s fees and nearly $100,000 in expenses. 1 The defendant, however, stole another $6.7 million from his clients through the use of false annuities, fraudulent trusts, and general deception. He used that money to further his lavish lifestyle and to pay other clients for previous settlements, similar to a Ponzi-scheme. Even after his conduct was discovered, the defendant continued to exploit his knowledge of the legal system to his benefit. He was arrested and made his initial appearance on April 27, At that hearing he was ordered not to transfer or otherwise dispose of any assets. Four days after this hearing, the defendant consented to a divorce with his wife in Kosciusko County, Indiana (where neither he nor his wife had any discernible connection). Numerous assets were transferred pursuant to this uncontested divorce without this Court s knowledge and, conversely, without the divorce court s knowledge of this Court s order. The defendant and his wife, however, continued to maintain a lifestyle that involved attending sporting events, movies, and social functions together. The defendant also maintained his lavish lifestyle with money he had obtained under the guise of obtaining legal counsel. The defendant s lifestyle ultimately ended when his bond was revoked because of these actions. Following his incarceration, the defendant pled guilty on July 15, Days later, the defendant, against the advice of his counsel, gave a jailhouse interview to the 1 An additional $1,050,000 in attorney s fees and $41, in expenses were paid to referring attorneys. 3

4 Case 1:12-cr RLY-TAB Document 109 Filed 10/15/13 Page 4 of 24 PageID #: 464 Indianapolis Star. He denied the very conduct he had pled guilty to. He claimed he did not operate a Ponzi-scheme and was not nefarious. Rather, the defendant blamed his failings on a cash-flow problem. He has never shown remorse for his actions nor truly accepted responsibility for his conduct. The defendant s conduct has negatively impacted countless individuals. Primarily, it has affected his victims. A man, paralyzed as the result of his accident, now requires state aid for medical treatment rather than money he should have received. A woman died indigent in a nursing home, while more than $200,000 sat in a trust account for her benefit. A mother and her children struggle to get by after their husband and father s death. The money that should have supported them and paid for college is gone. Some funds have been recovered for these victims. 2 It is unlikely, however, that they will be made whole. The defendant s conduct also damaged the legal profession. A 2012 Gallup poll showed that lawyers had a low honesty rating with the public. 3 Actions like those of the defendant contribute to this rating and further undermine the public s confidence in 2 To date, the money recovered is made up of the funds previously held in the Court s registry $450,000 contributed by Indiana University and $30,000 contributed by the Indiana Trial Lawyers Association. Additions will be made with the proceeds of the Marshal s sale of the assets seized from the defendant s mansion, and a contribution from one of the defendant s daughters. 3 Gallup Poll, Congress Retains Low Honesty Rating, available at (last visited October 10, 2013). 4

5 Case 1:12-cr RLY-TAB Document 109 Filed 10/15/13 Page 5 of 24 PageID #: 465 the justice system. The justice system now has an opportunity to sentence the defendant for his conduct. The sentence must reflect the seriousness of the offense, promote respect for the law, provide just punishment, deter other criminal conduct, and protect the public from further crimes of the defendant. The United States recommends a sentence at the statutory maximum, 240 months, as the appropriate sentence. The United States Objections To The Presentence Investigative Report The United States Probation Office issued the presentence investigative report (PSR) on October 11, The United States maintains two unresolved objections to the PSR. 1. The Court Should Apply a Two-Level Enhancement for Sophisticated Means The PSR fails to include a two-level sentencing increase because the offense otherwise involved sophisticated means. USSG 2B1.1(b)(10)(C). The United States asserts that the defendant s massive fraud scheme, which involved the complex and intricate use of trust accounts and structured settlements to defraud 36 victims of nearly $7 million, warrants an increase under the guidelines for sophisticated means. According to the guidelines, sophisticated means refers to especially complex or especially intricate offense conduct pertaining to the execution or concealment of an offense. USSG 2B1.1, comment. (n.8(b)). Although the commentary gives some examples of conduct that ordinarily warrant the enhancement, the list is not exhaustive and merely suggests the wide variety of criminal behavior covered by the guideline. United States v. Knox, 624 F.3d 865, 872 (7th Cir. 2010); United States v. Wayland, 549 F.3d 5

6 Case 1:12-cr RLY-TAB Document 109 Filed 10/15/13 Page 6 of 24 PageID #: , 528 (7th Cir. 2008). The enhancement is proper when the conduct shows a greater level of planning than a typical fraud or the conduct, viewed as a whole, was more intricate than the garden variety offense. United States v. Sheneman, 682 F.3d 623, (7th Cir. 2012); see also Knox, 624 F.3d at Not all of the offense conduct needs to be elaborate for the adjustment to apply, as long as the conduct viewed as a whole constituted a sophisticated scheme. United States v. Ghaddar, 678 F.3d 600, 602 (7th Cir. 2012). If fact, even if all the defendant s individual actions are unsophisticated, the enhancement should apply where the overall scheme was complex and sophisticated. Wayland, 549 F.3d at 529. The guideline covers a wide variety of fraudulent criminal behavior, United States v. Green, 648 F.3d 569, (7th Cir. 2011), and covers any scheme that involves more planning or concealment than a typical fraud. United States v. Landwer, 640 F.3d 769, 772 (7th Cir. 2011). A sophisticated scheme need not exhibit intelligence or expertise, and it does not matter that a defendant s own sloppiness or errors may have contributed to the unraveling of his scheme. Wayland, 549 F.3d at 529. In this case, the defendant s complex and intricate use of trust accounts and structured settlements demonstrates that his scheme involved more planning and concealment than a typical fraud. As part of the scheme, the defendant created at least 14 separate trust accounts with an Ohio financial institution, even though his personal injury practice was located in Indiana. (PSR 7-9) When he negotiated settlements on behalf of his personal injury clients, he convinced many of those clients to accept a 6

7 Case 1:12-cr RLY-TAB Document 109 Filed 10/15/13 Page 7 of 24 PageID #: 467 structured settlement rather than a lump-sum settlement. The use of the trust accounts and the structured settlements allowed the defendant both to execute his scheme and to avoid detection. More specifically, it allowed him to execute his scheme based on the trust agreement that he had negotiated with the Ohio financial institution. The agreement allowed him to fund the trusts on a yearly basis with funds only sufficient to enable the financial institution to issue monthly checks for a year, thereby allowing the defendant to illegally retain the bulk of the settlements for his own purposes. (PSR 9) Without these trust funds and structured settlements, the defendant would have been required to turn over the entire settlement proceeds to his victims and been unable to fraudulently use the money for his own purposes. Additionally, the trust accounts and structured settlements also allowed the defendant to avoid detection of his scheme. Because they were receiving their monthly checks, the victims were deceived into believing that their trust accounts were fully funded and had no reason to believe the defendant had taken their money for his own purposes. Thus, the defendant s conduct, viewed as a whole, in using trust accounts and settlement agreements constituted a sophisticated scheme and the enhancement should be applied. See United States v. Springer, No , 2011 WL , at *7 (10th Cir. Oct. 26, 2011) (affirming the sophisticated means enhancement where defendant used his highly-regulated client trust account as an instrument of fraud ). 7

8 Case 1:12-cr RLY-TAB Document 109 Filed 10/15/13 Page 8 of 24 PageID #: 468 The defendant s scheme is much more sophisticated than the typical fraud scheme where Section 3B1.1 of the guidelines applies. Cf. United States v. Jones, 530 F.3d 1292, 1307 (10th Cir. 2008) (affirming conviction because scheme was readily distinguishable from less sophisticated means by which the myriad crimes within the ambit of 2B1.1 may be committed ). For example, the United States Attorney s Office for the Central District of Illinois has recently charged fraud schemes that involved a vendor falsely claiming to buyers that his environmentally harmful product was organic, a funeral home director falsely inflating an appraisal of his business to obtain a bank loan, a developer falsely submitting invoices for work that was not completed to obtain an economic stimulus loan, a car dealer selling collateral without telling his lender, a real estate developer providing false income tax returns to the bank to obtain a loan, and a realtor spending his client s escrow money without their knowledge. Here, the defendant s complex and intricate scheme is much more sophisticated than those and other typical fraud cases that fall under Section 3B1.1. In fact, the defendant s complex and intricate use of trust accounts and settlement agreements is much more sophisticated than many other fraud schemes where reviewing courts have affirmed the sophisticated means application. See, e.g., United States v. Robinson, 538 F.3d 605, (7th Cir. 2008) (applying enhancement in counterfeit check fraud scheme where defendant used fictitious contact information); United States v. Fiorito, 640 F.3d 338, 351 (8th Cir. 2011) (applying enhancement in relatively simple mail fraud scheme because scheme spanned three years, involved 11 8

9 Case 1:12-cr RLY-TAB Document 109 Filed 10/15/13 Page 9 of 24 PageID #: 469 victims, and involved repetitive and coordinated conduct); United States v. Ratliff, No , 2010 WL at *10 (10th Cir. Apr. 26, 2010) (affirming enhancement in simple bank fraud embezzlement case because defendant forged a bill of sale and opened phony bank account); United States v. Cox, , 2009 WL at *4 (6th Cir. Dec. 16, 2009) (affirming enhancement even though individual actions lacked sophistication, because defendant set up accounts that made it appear victim s money was being transferred to charities); United States v. Conner, 537 F.3d 480, 492 (5th Cir. 2008) (affirming enhancement even though five victim credit card scheme was not the most sophisticated fraud because some of the means used were sophisticated). The sheer length and success of the scheme tends to show its sophistication and that it was no simple scam. See Sheneman, 682 F.3d at 32 (applying enhancement after finding fraud was no simple scam ). The scheme began by at least 2008 and continued until at least (PSR 11-20) Thus, through the use of the trust accounts and settlement agreements, the defendant was able to execute his scheme and avoid detection for four years while he defrauded 36 victims of almost $7 million. 4 Courts have previously applied the sophisticated means enhancement where a defendant 4 Independent of the loss amount and the number of victims (which provide enhancements elsewhere in the guidelines), the defendant s repeated and deliberate steps in planning, executing, and concealing his fraud for over four years merits the sophisticated means enhancement. See Landwer, 640 F.3d at 772. Nonetheless, a slight, or even significant, overlap between facts that justify an upward adjustment for sophisticated means and an upward adjustment under a different guidelines provision does not prohibit the Court from applying both since the same facts can serve as a foundation for both upward adjustments. Robinson, 538 F.3d at

10 Case 1:12-cr RLY-TAB Document 109 Filed 10/15/13 Page 10 of 24 PageID #: 470 repeatedly and successfully executed and avoided detection of a scheme over a long period of time. See., e.g., Green, 648 F.3d at 577 (applying enhancement where scheme lasted three years and involved numerous fraudulent transactions); Landwer, 640 F.3d at 771 (applying enhancement where elaborate scheme lasted seven years while defendant liquidated clients funds for his own use and sent trumped-up letters to clients falsely reassuring them); Knox, 624 F.3d at 871 (applying enhancement because defendant s actions in tricking lenders and falsifying loan applications to the tune of $7 million required intricate maneuvers); United States v. Allan, 513 F.3d 712 (7th Cir. 2008) (applying enhancement where defendant evaded discovery for over a year by creating phony documents); Wayland, 549 F.3d at 529 (finding conduct more intricate than a typical fraud scheme where nine-year scheme involved a series of coordinated fraudulent transactions); United States v. Rettenberger, 344 F.3d 702, 709 (7th Cir. 2003) (finding sophisticated means where defendant engaged in careful execution and coordination over an extended period). 2. The Court Should Apply a Two-Level Enhancement for Violation of a Court Order The PSR fails to include a two-level sentencing increase for the violation of any prior, specific judicial... order. USSG 2B1.1(b)(9)(C). The defendant violated at least three specific court orders that each required him to purchase annuities for his clients. Under the plain language of the guideline, his failure to comply with the following specific, judicial orders warrants an increase under the guidelines. 10

11 Case 1:12-cr RLY-TAB Document 109 Filed 10/15/13 Page 11 of 24 PageID #: 471 W.S. died when the trench he was working in collapsed. The defendant eventually represented his widow, S.S., and their two minor children in the wrongful death suit. When the suit was resolved, the presiding Hamilton County Superior Judge entered an order authorizing the compromise and settlement of claim. The order provided that S.S. was to receive an annuity of $328,857 (paying $2,000 per month for 240 months) and her two young children were to receive annuities of $100,000 each (paying them $10,000 at ages 18, 19, 20, and 21, while they were in college, with the balance to be paid at age 25). 5 Rather than purchase the annuities as required by the court order, the defendant simply financed two years of payments to S.S. and did not fund any portion of the children s annuities. Despite the court order, neither S.S. nor her children have received any further annuity payments. A.W. died when he fell off a roof during a construction accident. The defendant represented his estate in the wrongful death claim. As part of the settlement, the presiding Huntington County Circuit Judge entered an order approving the purchase of an annuity for A.W. s minor beneficiary. Specifically, the judge ordered the purchase of an annuity for A.W. s minor son and sole surviving heir in the amount of $132,775.82, which was required to pay $15,000 per year for five years upon the son s high school graduation with the balance distributed on his 25th and 30th birthdays. 6 In violation of 5 The order also authorized 445, to [the] Conour Law Firm, LLC for services rendered. The defendant complied with this portion of the order. 6 The order also authorized $200,000 in attorney s fees to the Conour Law Firm and other attorneys. The defendant complied with this portion of the order. 11

12 Case 1:12-cr RLY-TAB Document 109 Filed 10/15/13 Page 12 of 24 PageID #: 472 this order, the defendant never purchased the annuity for A.W. s minor son. The minor son has not received any of the court ordered annuity payments. R.B. died during an electrical accident on the construction project he was working on. The defendant represented the estate in the wrongful death suit. The presiding LaGrange County Circuit Judge entered an order requiring an annuity to be purchased for the surviving widow, L.B. 7 Rather than purchase the annuity; the defendant financed $23,000 in payments to L.B. The remaining balance of nearly $400,000 remains unpaid. The defendant was required by these orders to take a specific action, namely, to purchase annuities for his clients. He deliberately failed to comply. This violation of [a] prior, specific judicial... order [is] not addressed elsewhere in the guidelines, therefore warranting the two-level enhancement. USSG 2B1.1(b)(9)(C). Application Note 7(C) to this guideline provides that a defendant who does not comply with such a prior, official judicial... warning demonstrates aggravated criminal intent and deserves additional punishment. The Seventh Circuit has found that an attorney, like the defendant, who violates court orders in the process of executing a fraudulent scheme is deserving of the enhancement. United States v. Parolin, 239 F.3d 922, (7th Cir. 2001). 7 The order also authorized $230, in attorney s fees to the Conour Law Firm. The defendant complied with this portion of the order. 12

13 Case 1:12-cr RLY-TAB Document 109 Filed 10/15/13 Page 13 of 24 PageID #: 473 The only question appears to be whether the enhancement would constitute double counting. Since none of the other sentencing guidelines in this case specifically address the defendant s failure to comply with the court orders, the enhancement should apply. For instance, the abuse of position of trust enhancement applies in this case because of the trust the defendant violated as an attorney for the victims. [I]t is possible that he both abused the trust of his victims, while simultaneously violating a judicial order. Id. at 928. No doubt the fiduciary relationship that the defendant enjoyed as the attorney for his victims permitted him to carry out his scheme. His abuse of that fiduciary relationship warrants the abuse of position of trust enhancement. However, [that] enhancement in no way directly accounts for [the defendant s] violation of particular judicial orders. Id. at 929. Neither does the enhancement for obstruction of justice account for his violation of judicial orders. The obstruction of justice enhancement is properly applied in this case because the defendant violated this Court s order not to dissipate assets and because the defendant engaged in deception in his dealings with this Court. (D.E. #82) The violation of this Court s orders and the violation of state court orders warrant different enhancements obstruction of justice (USSG 3C1.1) and violation of court order (USSG 2B1.1(b)(9)(C)), respectively. This is not double counting because each [enhancement is] based on distinct conduct. United States v. Favara, 615 F.3d 824, 828 (7th Cir. 2010) (finding that enhancements for obstruction of justice and violation of a court order can be simultaneously applied). As a result, the defendant should receive 13

14 Case 1:12-cr RLY-TAB Document 109 Filed 10/15/13 Page 14 of 24 PageID #: 474 the enhancement for violating a court order in addition to the other applicable enhancements. Response to the Defendant s Objection The defendant maintains numerous objections. For the reasons below, this Court should overrule each of the objections. 1. Amount of Loss The defendant objects to the amount of loss in the PSR. The PSR calculated the loss at approximately $6.7 million. The defendant believes the amount of loss is inflated by approximately $700,000. This Court need only make a reasonable estimate of the loss. USSG 2B1.1, comment. (n.3(c)). In the end, this objection will have no effect on the guideline calculation because the amount of loss is more than $2.5 million and less than $7 million. USSG 2B1.1(b)(1)(J). The United States believes that the PSR has calculated the amount of loss correctly and will be prepared at sentencing to answer any factual questions for the Court. In addition, the amount of a victim s loss may be determined up to 90 days after sentencing should additional time be needed to fix the restitution amount. 18 U.S.C. 3664(d)(5). 2. Vulnerable Victim The Presentence Report (PSR) includes a four-level increase because the offense involved a large number of vulnerable victims. (PSR 35) The defendant has objected to this four-offense level increase on two grounds. First, he argues that that there was 14

15 Case 1:12-cr RLY-TAB Document 109 Filed 10/15/13 Page 15 of 24 PageID #: 475 no nexus between the victims vulnerability and his fraud scheme. Second, he argues that the number of victims in the case does not qualify as a large number. Each of these objections is without merit. a. The Defendant s Defrauded Personal Injury Clients Were Vulnerable Victims The guidelines mandate that a defendant s offense level must be increased by two levels if the defendant knew or should have known that a victim of the offense was a vulnerable victim. USSG 3A1.1(b)(1). The guidelines define a vulnerable victim as a person who is unusually vulnerable due to age, physical or mental condition, or who is otherwise particularly susceptible to the criminal conduct. USSG 3A1.1, comment. (n.2(b)). Paragraph 27 of the PSR details the vulnerabilities of the victims in this case. The defendant appears to concede that many, if not all, of the 36 victims in this case meet this definition due to their injury, age, or language barrier. The concession is wise, because it could not be credibly argued that minors, unsophisticated non-native English speakers, and individuals suffering from severe personal injuries or dealing with a loved one s death, and the resulting financial hardships, do not meet the definition of a vulnerable victim. See, e.g. United States v. Julian, 427 F.3d 471, (7th Cir. 2005) (applying enhancement based on economic vulnerability of victims); United States v. Sims, 329 F.3d 937, 944 (7th Cir. 2003) (applying enhancement based on age and lack of financial sophistication of victims); United States v. Parolin, 239 F.3d 922, (7th Cir. 2001) (limited ability to write English factor that qualified victim as vulnerable). 15

16 Case 1:12-cr RLY-TAB Document 109 Filed 10/15/13 Page 16 of 24 PageID #: 476 The defendant notes, however, that the defendant always dealt with representatives of the victims and argues that the victims vulnerable condition played no role in the fraud. He claims that, because there is no causal nexus between the vulnerability and the fraud, the enhancement should not apply. Factually, this argument is not supported by any evidence. For example, the PSR notes that victim S.S. was distraught over her husband s death and relied on the defendant to guide her during this time. See Parolin, 239 F.3d at 927 (death of husband and lack of financial sophistication qualified victim as vulnerable). Legally, this argument ignores the plain language of Section 3A1.1(b)(1), which does not require that the vulnerability caused the fraud, but only requires that the victim be particularly susceptible to the criminal conduct. Section 3A1.1(b)(1), on its own terms, applies if the defendant knew or should have known that a victim of the offense was a vulnerable victim. The guideline and its accompanying commentary contain no requirement of a causal nexus between the vulnerability and the fraud or that the defendant targeted the victims because of their vulnerability. Instead, the enhancement plainly applies if the defendant knew or should have known of the vulnerability. Here, there is no doubt that the defendant intimately knew of each of the victim s vulnerability as their personal injury lawyer. The Seventh Circuit has held that the vulnerable victim enhancement does not require that a defendant specifically target the victim because of the vulnerability. United States v. Snyder, 189 F.3d 640, 649 (7th Cir. 1999). Moreover, the Eighth Circuit 16

17 Case 1:12-cr RLY-TAB Document 109 Filed 10/15/13 Page 17 of 24 PageID #: 477 rejected this argument in a case directly on point. United States v. Moskal, 211 F.3d 1070, (8th Cir. 2000). Moskal was a personal injury attorney who embezzled approximately $2.4 million from his clients, referring attorneys, and his own law firm. Id. at At sentencing, he received a two-level enhancement because the district court singled out three disabled clients and found that the defendant knew or should have known that some of his victims were vulnerable. Id. at On appeal, the defendant argued that the district court should have been required to show a nexus between the vulnerability and the criminal conduct. The Eighth Circuit soundly rejected this argument: Moskal s contention may have had some force under the guideline that was in effect prior to 1995, but the guideline application notes no longer require that the defendant target his victim because of the vulnerability. Id. The defendant also argues that the enhancement should not apply because, [b]y its nature, personal injury representation will involve clients who are in many cases, by definition, vulnerable. In other words, he seems to argue that, because almost all of his clients were vulnerable, the enhancement should not apply. This argument would turn the guideline on its head, allowing a defendant who solely defrauded vulnerable victims to avoid the enhancement, while applying the enhancement to a defendant whose class of victims included only a few vulnerable victims. The Seventh Circuit has previously rejected such reasoning. United States v. Calimlin, 538 F.3d 706 (7th Cir. 2008). In Calimlin, the district court refused to apply the vulnerable victim enhancement in a forced labor case because all of the victims, by the 17

18 Case 1:12-cr RLY-TAB Document 109 Filed 10/15/13 Page 18 of 24 PageID #: 478 nature of the offense, appeared to share the same vulnerability (i.e., illegal aliens). The Seventh Circuit held that the district court erred in failing to apply the enhancement: The question here is whether the vulnerability of the victim is to be measured against the general population or against the group comprised of the likely victims of this crime. If the former, Martinez is vulnerable, but if the latter (as the district court thought), then she is no worse off than any other victim of these crimes. In the latter case, the vulnerability of the victim would already have been built into the offense Guideline, and it would be double-counting to apply the enhancement.... The Calimlims assert, in essence, that any victim of forced labor is by definition vulnerable, and so a vulnerable-victim enhancement would be redundant. This is not the case: with enough muscle, it would be possible to coerce a perfectly able-bodied, English-speaking, independent American citizen into forced labor. The district court erred by failing to recognize that there are more ways to commit the forced labor crime than the one the Calimlims chose.... For example, somebody who uses mail fraud to victimize the aged should be punished more than a person who victimizes younger (and presumably more capable) people: the law recognizes that preying on the elderly is more culpable than many other instances of mail fraud. Even though Martinez may not have been especially vulnerable among the population of illegal aliens, she was among the most vulnerable of the broader group who are forced into labor. The Calimlims victimized her by targeting her special vulnerability.... Lest there be any doubt about our position on the question raised by the Calimlims, we clarify today that where vulnerability is not already accounted for in the Guidelines, we will apply the vulnerable-victim enhancement when the victim is a member of a group typically vulnerable to the particular manifestation of the general offense committed by the defendant, whether or not the victim is otherwise unusually vulnerable. Id. at (citations omitted). Thus, the vulnerable victim enhancement must be applied in this case. The defendant has been convicted of mail fraud. The mail fraud guidelines themselves do 18

19 Case 1:12-cr RLY-TAB Document 109 Filed 10/15/13 Page 19 of 24 PageID #: 479 not incorporate an enhancement for vulnerable victims. There are many ways to commit mail fraud that do not involve vulnerable victims. In this case, however, the group of likely victims were all members of a group (personal injury victims) typically vulnerable to a fraud scheme. Compared to the general population, these victims were particularly vulnerable, and their vulnerability made the defendant s scheme easier to execute, harder to detect, and more deserving of an increased punishment. b. Thirty-Six Victims Qualifies as a Large Number Under the Guidelines The PSR applies an additional two-level increase pursuant to 3A1.1(b)(2) because the offense involved a large number of vulnerable victims. Without elaboration, the defendant objects that the number of vulnerable victims in this case should not qualify as a large number under the guideline. The defendant s undeveloped argument is without merit. As noted above, based on the factors detailed in the PSR, all 36 of the victims in this case qualify as vulnerable victims. Thirty-six victims qualifies as a large number under the guidelines. See., e.g., United States v. Price, No , 2011 WL , at *2 (3rd Cir. June 29, 2011) (over 40 minor victims constituted large number ); United States v. Kaufman, 546 F.3d 1242, 1268, 1269 (10th Cir. 2008) (holding that more than 10 vulnerable victims could qualify as a large number ); United States v. Fake, No , 2008 WL , at *3-4 (3rd Cir. Mar. 17, 2008) (finding no clear error where district court applied enhancement because more than 10 vulnerable victims). 19

20 Case 1:12-cr RLY-TAB Document 109 Filed 10/15/13 Page 20 of 24 PageID #: 480 In fact, if 50 or more vulnerable victims were required before the 3A1.1(b)(2) adjustment for a large number of victims applied, the provision would be rendered meaningless in fraud cases. The commentary to the fraud guidelines specifically instructs that, if a four-level enhancement for more than 50 victims under 2B1.1(b)(2)(B) applies, an enhancement under 3A1.1(b)(2) shall not apply. USSG 2B1.1, comment. (n.4(d)). Thus, in fraud cases, a large number must include less than 50 vulnerable victims to prevent 3A1.1(b)(2) from being superfluous. Under the guideline and the cases, 36 vulnerable victims qualifies as a large number. 3. Acceptance of Responsibility/Obstruction of Justice Finally, the defendant objects to his failure to receive a reduction for acceptance of responsibility. Generally, when a defendant pleads guilty and truthfully admits his conduct, he will receive a reduction for acceptance of responsibility. However, this may be outweighed by conduct of the defendant that is inconsistent with such acceptance of responsibility. USSG 3E1.1, comment. (n.3). Conduct resulting in an enhancement [for obstructing justice] ordinarily indicates the defendant has not accepted responsibility for his criminal conduct. Id., comment. (n.4). In this case, the defendant has not truthfully admitted his conduct and has repeatedly obstructed justice. He has not shown any remorse for his actions and has not accepted responsibility for his actions. The defendant has consistently lacked candor about his conduct. At his plea hearing when the Court asked what happened, the defendant stated: 20

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. v. CASE NO. 8:15-CR-244-T-23AEP PLEA AGREEMENT

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. v. CASE NO. 8:15-CR-244-T-23AEP PLEA AGREEMENT Case 8:15-cr-00244-SDM-AEP Document 3 Filed 07/08/15 Page 1 of 15 PageID 6 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA v. CASE NO. 8:15-CR-244-T-23AEP

More information

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 10a0141n.06. No. 08-2552 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ) ) ) ) ) ) ) ) )

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 10a0141n.06. No. 08-2552 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ) ) ) ) ) ) ) ) ) NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 10a0141n.06 No. 08-2552 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. PATRICK J. HARRINGTON,

More information

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Criminal No. 10-75(JMR) The United States of America, by and through its attorneys,

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Criminal No. 10-75(JMR) The United States of America, by and through its attorneys, UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Criminal No. 10-75(JMR) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) PLEA AGREEMENT ) TREVOR GILSON COOK, ) ) Defendant. ) The United States of America,

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 12-13381 Non-Argument Calendar. D.C. Docket No. 3:11-cr-00281-RBD-JBT-1.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 12-13381 Non-Argument Calendar. D.C. Docket No. 3:11-cr-00281-RBD-JBT-1. Case: 12-13381 Date Filed: 05/29/2013 Page: 1 of 12 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 12-13381 Non-Argument Calendar D.C. Docket No. 3:11-cr-00281-RBD-JBT-1

More information

GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia

GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia Case 1:11-cr-00326-SCJ-JFK Document 119-1 Filed 01/20/12 Page 1 of 16 GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF

More information

Case 3:15-cr-00064-VLB Document 42 Filed 08/20/15 Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

Case 3:15-cr-00064-VLB Document 42 Filed 08/20/15 Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT Case 3:15-cr-00064-VLB Document 42 Filed 08/20/15 Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA : : Case No. 3:15cr64 (VLB) : v. : : : GEORGE GALLO : August

More information

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 10-1984 UNITED STATES OF AMERICA. KAREN BATTLE, Appellant

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 10-1984 UNITED STATES OF AMERICA. KAREN BATTLE, Appellant UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 10-1984 UNITED STATES OF AMERICA v. NOT PRECEDENTIAL KAREN BATTLE, Appellant Appeal from the United States District Court for the Eastern District

More information

United States Court of Appeals For the Eighth Circuit

United States Court of Appeals For the Eighth Circuit United States Court of Appeals For the Eighth Circuit No. 14-3137 United States of America lllllllllllllllllllll Plaintiff - Appellee v. Lacresia Joy White lllllllllllllllllllll Defendant - Appellant Appeal

More information

Case5:09-cr-00928-JF Document64 Filed05/13/10 Page1 of 6

Case5:09-cr-00928-JF Document64 Filed05/13/10 Page1 of 6 Case:0-cr-00-JF Document Filed0//0 Page of 0 JOSEPH P. RUSSONIELLO (CSBN United States Attorney BRIAN J. STRETCH (CSBN Chief, Criminal Division JEFFREY B. SCHENK (CSBN Assistant United States Attorney

More information

Case: 1:14-cv-01637 Document #: 1 Filed: 03/10/14 Page 1 of 16 PageID #:1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

Case: 1:14-cv-01637 Document #: 1 Filed: 03/10/14 Page 1 of 16 PageID #:1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS Case: 1:14-cv-01637 Document #: 1 Filed: 03/10/14 Page 1 of 16 PageID #:1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) JOHNNIE

More information

2015 IL App (1st) 133050-U. No. 1-13-3050 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 133050-U. No. 1-13-3050 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 133050-U FIFTH DIVISION September 30, 2015 No. 1-13-3050 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited

More information

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 04-4684

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 04-4684 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-4684 UNITED STATES OF AMERICA, versus Plaintiff - Appellee, BERNARD JERIDORE, a/k/a Benny B, a/k/a Bernie, Defendant - Appellant.

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE UNITED STATES SENTENCING MEMORANDUM

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE UNITED STATES SENTENCING MEMORANDUM UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE UNITED STATES OF AMERICA ) ) v. ) No. 3:14-CR-36 ) (REEVES/GUYTON) ) ZEBBIE JOE USHER, III ) UNITED STATES SENTENCING MEMORANDUM

More information

2015 IL App (3d) 121065-U. Order filed February 26, 2015 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2015

2015 IL App (3d) 121065-U. Order filed February 26, 2015 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2015 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (3d 121065-U Order filed

More information

SUPREME COURT OF WISCONSIN

SUPREME COURT OF WISCONSIN SUPREME COURT OF WISCONSIN 2012 WI 123 CASE NO.: COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against Thomas E. Bielinski, Attorney at Law: Office of Lawyer Regulation, Complainant, v. Thomas

More information

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) )

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) PETITION TO ENTER A PLEA OF GUILTY (Misdemeanor) I,, respectfully represent

More information

SUPREME COURT OF WISCONSIN

SUPREME COURT OF WISCONSIN SUPREME COURT OF WISCONSIN 2014 WI 48 CASE NO.: COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against Geneva E. McKinley, Attorney at Law: Office of Lawyer Regulation, Complainant, v. Geneva

More information

Case 2:04-cv-08026-LSC-JEO Document 5 Filed 03/18/05 Page 1 of 7

Case 2:04-cv-08026-LSC-JEO Document 5 Filed 03/18/05 Page 1 of 7 Case 2:04-cv-08026-LSC-JEO Document 5 Filed 03/18/05 Page 1 of 7 FILED 2005 Mar-18 PM 12:46 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA

More information

TENTH CIRCUIT ORDER AND JUDGMENT * Following a jury trial, Appellant Brian William McKye was convicted of

TENTH CIRCUIT ORDER AND JUDGMENT * Following a jury trial, Appellant Brian William McKye was convicted of UNITED STATES OF AMERICA, FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS December 16, 2015 Plaintiff - Appellee, TENTH CIRCUIT Elisabeth A. Shumaker Clerk of Court v.

More information

U.S. Department of Justice. United States Attorney Southern District of New York. May 11, 2010

U.S. Department of Justice. United States Attorney Southern District of New York. May 11, 2010 U.S. Department of Justice United States Attorney Southern District of New York The Silvio J. Mollo Building One Saint Andrew s Plaza New York, New York 10007 By Hand Michael Pancer, Esq. 105 West F Street

More information

MANDATORY MINIMUM PENALTIES FOR IDENTITY THEFT OFFENSES

MANDATORY MINIMUM PENALTIES FOR IDENTITY THEFT OFFENSES Chapter 11 MANDATORY MINIMUM PENALTIES FOR IDENTITY THEFT OFFENSES A. INTRODUCTION This chapter analyzes the application of mandatory minimum penalties for identity theft offenses. First, this chapter

More information

Case 1:13-cr-00133-SS Document 79 Filed 11/14/13 Page 1 of 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

Case 1:13-cr-00133-SS Document 79 Filed 11/14/13 Page 1 of 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION Case 1:13-cr-00133-SS Document 79 Filed 11/14/13 Page 1 of 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION UNITED STATES OF AMERICA, Plaintiff v. GREGORY P. BOYD, Defendant No.

More information

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT. August Term, 2007. (Argued: September 18, 2007 Decided: October 24, 2007 )

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT. August Term, 2007. (Argued: September 18, 2007 Decided: October 24, 2007 ) 05-4809-cr United States v. Tsekhanovich UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2007 (Argued: September 18, 2007 Decided: October 24, 2007 ) Docket No. 05-4809-cr UNITED STATES

More information

LAKE COUNTY BOARD OF DD/DEEPWOOD BOARD POLICY I. SUBJECT: FALSE CLAIMS PREVENTION AND WHISTLEBLOWER PROTECTION

LAKE COUNTY BOARD OF DD/DEEPWOOD BOARD POLICY I. SUBJECT: FALSE CLAIMS PREVENTION AND WHISTLEBLOWER PROTECTION File: E-11 LAKE COUNTY BOARD OF DD/DEEPWOOD BOARD POLICY Reviewed and Adopted by the Board: Date: February 28, 2011 Signature on file Elfriede Roman, Superintendent I. SUBJECT: FALSE CLAIMS PREVENTION

More information

Peter Tom, Justice Presiding, Angela M. Mazzarelli Eugene Nardelli Luis A. Gonzalez Bernard J. Malone, Jr., Justices.

Peter Tom, Justice Presiding, Angela M. Mazzarelli Eugene Nardelli Luis A. Gonzalez Bernard J. Malone, Jr., Justices. SUPREME COURT, APPELLATE DIVISION FIRST JUDICIAL DEPARTMENT Peter Tom, Justice Presiding, Angela M. Mazzarelli Eugene Nardelli Luis A. Gonzalez Bernard J. Malone, Jr., Justices. ---------------------------------------x

More information

Case 2:05-cr-00211 Document 10 Filed 03/16/06 Page 1 of 13 PageID #: 18. U.S. Department of. United States Attorney. 300 Virginia Street Suite 4000

Case 2:05-cr-00211 Document 10 Filed 03/16/06 Page 1 of 13 PageID #: 18. U.S. Department of. United States Attorney. 300 Virginia Street Suite 4000 '. Case 2:05-cr-00211 Document 10 Filed 03/16/06 Page 1 of 13 PageID #: 18 U.S. Department of stice FILED United States Attorney 162006 Southern District of West irg(ida S pternber 19, 2005 300 Virginia

More information

SUPREME COURT OF LOUISIANA NO. 11-B-1631 IN RE: MAZEN YOUNES ABDALLAH ATTORNEY DISCIPLINARY PROCEEDINGS

SUPREME COURT OF LOUISIANA NO. 11-B-1631 IN RE: MAZEN YOUNES ABDALLAH ATTORNEY DISCIPLINARY PROCEEDINGS 10/14/2011 "See News Release 066 for any Concurrences and/or Dissents." SUPREME COURT OF LOUISIANA NO. 11-B-1631 IN RE: MAZEN YOUNES ABDALLAH ATTORNEY DISCIPLINARY PROCEEDINGS PER CURIAM * This disciplinary

More information

UNPUBLISHED IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ABINGDON DIVISION

UNPUBLISHED IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ABINGDON DIVISION UNPUBLISHED IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ABINGDON DIVISION UNITED STATES OF AMERICA v. WILLIAM HENRY BAILEY, Defendant. Case No. 1:00CR00044 OPINION AND ORDER

More information

COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO. State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant )

COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO. State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant ) COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant ) I,, being before the Court this day and with my counsel, Attorney, represent

More information

Case 1:05-cr-10037-GAO Document 459 Filed 09/24/14 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CRIMINAL NO.

Case 1:05-cr-10037-GAO Document 459 Filed 09/24/14 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CRIMINAL NO. Case 1:05-cr-10037-GAO Document 459 Filed 09/24/14 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CRIMINAL NO. 05-10037-GAO-1 UNITED STATES OF AMERICA v. GRANT BOYD, Defendant. O TOOLE,

More information

Information for Crime Victims and Witnesses

Information for Crime Victims and Witnesses Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)

More information

Coffee Regional Medical Center FALSE CLAIMS EDUCATION

Coffee Regional Medical Center FALSE CLAIMS EDUCATION Policy/Procedure Department Administration Effective 08/15/2008 Scope Organization Cross Reference Review Date 08/14/2008,12/18/2013 Revision History Signatures Date 12/18/2013 Prepared by Lavonda Cravey

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) No. 3:09-CR-19-1 ) JOSEPH D. BRANDENBURG, ) JUDGE PHILLIPS ) Defendant. ) SENTENCING

More information

STATE OF ARIZONA, Appellee, ROY MATTHEW SOVINE, Appellant. No. 1 CA-CR 14-0094

STATE OF ARIZONA, Appellee, ROY MATTHEW SOVINE, Appellant. No. 1 CA-CR 14-0094 NOTICE: NOT FOR PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. IN THE ARIZONA COURT OF APPEALS DIVISION

More information

COURT OF COMMON PLEAS CLERMONT COUNTY, OHIO. Plaintiff : CASE NO. 2011 CVH 00456

COURT OF COMMON PLEAS CLERMONT COUNTY, OHIO. Plaintiff : CASE NO. 2011 CVH 00456 COURT OF COMMON PLEAS CLERMONT COUNTY, OHIO LEWIS GENE WAMBSGANZ : Plaintiff : CASE NO. 2011 CVH 00456 vs. : Judge McBride FREDERICK C. LAYPOOL : DECISION/ENTRY Defendant : Richard B. Uhle, attorney for

More information

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs June 19, 2002

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs June 19, 2002 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs June 19, 2002 STATE OF TENNESSEE v. DERRICK S. CHANEY Direct Appeal from the Circuit Court for Williamson County No. II-22-201

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA : CIVIL ACTION : No. 97-2312 v. : : CRIMINAL ACTION SONNY SIGNO : No. 96-562-1 M E M O R A N D U M

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 14-51207 Document: 00513332814 Page: 1 Date Filed: 01/06/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee United States Court of Appeals

More information

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT STEVE KIE CHANG, IMMIGRATION & NATURALIZATION SERVICE, Petitioner, No. 01-35626 v. D.C. No. CV-00-01986-MJP Respondent. OPINION Appeal

More information

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE SUPREME COURT OF THE STATE OF DELAWARE EDWIN SCARBOROUGH, Defendant Below- Appellant, v. STATE OF DELAWARE, Plaintiff Below- Appellee. No. 38, 2014 Court Below Superior Court of the State of Delaware,

More information

United States Court of Appeals

United States Court of Appeals In the United States Court of Appeals For the Seventh Circuit No. 15-1328 NEAL D. SECREASE, JR., v. Plaintiff-Appellant, THE WESTERN & SOUTHERN LIFE INSURANCE COMPANY, et al., Defendants-Appellees. Appeal

More information

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs November 3, 2015

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs November 3, 2015 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs November 3, 2015 STATE OF TENNESSEE v. PATRICK WILSON Appeal from the Criminal Court for Shelby County No. 1403832 J. Robert

More information

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench Glossary of Terms The Glossary of Terms defines some of the most common legal terms in easy-tounderstand language. Terms are listed in alphabetical order. A B C D E F G H I J K L M N O P Q R S T U V W

More information

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE SUPREME COURT OF THE STATE OF DELAWARE ORLANDO INGRAM, No. 460, 2014 Defendant Below, Appellant, Court Below: Superior Court of the State of Delaware in v. and for Kent County STATE OF DELAWARE,

More information

Case 1:14-cv-03113-BMC Document 17 Filed 09/02/14 Page 1 of 7 PageID #: 79 : : : : : : : : : : : :

Case 1:14-cv-03113-BMC Document 17 Filed 09/02/14 Page 1 of 7 PageID #: 79 : : : : : : : : : : : : Case 114-cv-03113-BMC Document 17 Filed 09/02/14 Page 1 of 7 PageID # 79 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------- X WILIAN ENCALADA,

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 2:10-cr-20535-DML-MAR Doc # 335 Filed 05/31/13 Pg 1 of 8 Pg ID 6782 UNITED STATES OF AMERICA, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION v. Plaintiff, BOBBY W. FERGUSON,

More information

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PLEA AGREEMENT

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PLEA AGREEMENT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITED STATES OF AMERICA v. ANTIONETTE CHENIER No. 14 CR 185 Judge Samuel Der-Yeghiayan PLEA AGREEMENT 1. This Plea Agreement

More information

[Cite as Disciplinary Counsel v. Harmon, 143 Ohio St.3d 1, 2014-Ohio-4598.]

[Cite as Disciplinary Counsel v. Harmon, 143 Ohio St.3d 1, 2014-Ohio-4598.] [Cite as Disciplinary Counsel v. Harmon, 143 Ohio St.3d 1, 2014-Ohio-4598.] DISCIPLINARY COUNSEL v. HARMON. [Cite as Disciplinary Counsel v. Harmon, 143 Ohio St.3d 1, 2014-Ohio-4598.] Attorneys at law

More information

INITIAL REQUIRED NOTICES FOR BANKRUPTCY CLIENTS

INITIAL REQUIRED NOTICES FOR BANKRUPTCY CLIENTS INITIAL REQUIRED NOTICES FOR BANKRUPTCY CLIENTS You are hereby requesting the opportunity to consult with and obtain information and advice from Michael Jones and the Law Office of James P. Cronn ( Law

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). STATE OF MINNESOTA IN COURT OF APPEALS A14-1834 State of Minnesota, Respondent, vs. Hope

More information

Case 2:03-cr-00122-JES Document 60 Filed 02/19/08 Page 1 of 7 PageID 178 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

Case 2:03-cr-00122-JES Document 60 Filed 02/19/08 Page 1 of 7 PageID 178 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION Case 2:03-cr-00122-JES Document 60 Filed 02/19/08 Page 1 of 7 PageID 178 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION FRANCIS MACKEY DAVISON, III, Petitioner, vs. Case No.

More information

Attorney s Fees: Limitations And Awards

Attorney s Fees: Limitations And Awards 7 Attorney s Fees: Limitations And Awards 7.01 INTRODUCTION TO ATTORNEY S FEES IN FEDERAL GOVERNMENT LITIGATION To the old adage that death and taxes share a certain inevitable character, federal judges

More information

United States Court of Appeals

United States Court of Appeals No. 11 3107 Case: 11-3107 Document: 28 Filed: 05/02/2012 Pages: 5 NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit

More information

Re: Dischargeability of Court-Ordered Restitution When the Debtor has Filed a Petition in Bankruptcy

Re: Dischargeability of Court-Ordered Restitution When the Debtor has Filed a Petition in Bankruptcy 1 of 8 6/23/2005 8:28 AM November 30,1994 The Honorable Winona E. Rubin Director of Human Services State of Hawaii 1390 Miller Street Honolulu, Hawaii 96813 Dear Ms. Rubin: Re: Dischargeability of Court-Ordered

More information

Case: 10-2878 Document: 39 Page: 1 06/07/2011 308084 6. August Term, 2010. Docket Nos. 10-2786-cr(L), 10-2878-cr(CON) Appellee,

Case: 10-2878 Document: 39 Page: 1 06/07/2011 308084 6. August Term, 2010. Docket Nos. 10-2786-cr(L), 10-2878-cr(CON) Appellee, Case: 10-2878 Document: 39 Page: 1 06/07/2011 308084 6 10-2786 (L) USA v. Wolfson UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2010 (Argued: May 24, 2011 Decided: June 7, 2011) UNITED

More information

PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT. Plaintiff-Appellee, v. No. 09-1570 CARLOS HUYOA-JIMENEZ, a.k.a. Uriel Ayala-Guzman,

PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT. Plaintiff-Appellee, v. No. 09-1570 CARLOS HUYOA-JIMENEZ, a.k.a. Uriel Ayala-Guzman, FILED United States Court of Appeals Tenth Circuit October 21, 2010 PUBLISH Elisabeth A. Shumaker Clerk of Court UNITED STATES COURT OF APPEALS TENTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee,

More information

Information about the Criminal Justice System**

Information about the Criminal Justice System** 1 Victim s Guide to the Nebraska Criminal Justice System Information about the Criminal Justice System** ** Please note that the information contained in this booklet is only in relationship to felony

More information

United States Court of Appeals, Eleventh Circuit. No. 96-6016. UNITED STATES of America, Plaintiff-Appellee,

United States Court of Appeals, Eleventh Circuit. No. 96-6016. UNITED STATES of America, Plaintiff-Appellee, United States Court of Appeals, Eleventh Circuit. No. 96-6016. UNITED STATES of America, Plaintiff-Appellee, v. Melvin Elroy WHITE, a.k.a Robert Lee Rios, Defendant-Appellant. Aug. 6, 1997. Appeal from

More information

OPENING INSTRUCTIONS

OPENING INSTRUCTIONS OPENING INSTRUCTIONS Members of the Jury: Respective Roles of Jurors and Judge You ve been chosen as jurors for this case, and you ve taken an oath to decide the facts fairly. As we begin the trial, I

More information

United States Court of Appeals

United States Court of Appeals In the United States Court of Appeals For the Seventh Circuit No. 13 2145 UNITED STATES OF AMERICA, Plaintiff Appellee, v. GREGORY WALKER, Defendant Appellant. Appeal from the United States District Court

More information

General District Courts

General District Courts General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance

More information

On Appeal from the United States District Court for the District of New Jersey (D.C. No. 07-cr-00545-1) District Judge: Honorable Robert B.

On Appeal from the United States District Court for the District of New Jersey (D.C. No. 07-cr-00545-1) District Judge: Honorable Robert B. UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 08-1195 UNITED STATES OF AMERICA CHARLES EDWARD KNIGHTON, SR., v. NOT PRECEDENTIAL Appellant On Appeal from the United States District Court for

More information

Your Guide to Illinois Traffic Courts

Your Guide to Illinois Traffic Courts Consumer Legal Guide Your Guide to Illinois Traffic Courts Presented by the Illinois Judges Association and the Illinois State Bar Association Illinois Judges Association Traffic courts hear more cases

More information

Compliance Plan False Claims Act & Whistleblower Provisions Purpose/Policy/Procedures

Compliance Plan False Claims Act & Whistleblower Provisions Purpose/Policy/Procedures CATHOLIC CHARITIES OF THE ROMAN CATHOLIC DIOCESE OF SYRACUSE, NY and TOOMEY RESIDENTIAL AND COMMUNITY SERVICES Compliance Plan False Claims Act & Whistleblower Provisions Purpose/Policy/Procedures Purpose:

More information

SUPERIOR COURT OF THE STATE OF DELAWARE

SUPERIOR COURT OF THE STATE OF DELAWARE SUPERIOR COURT OF THE STATE OF DELAWARE T. HENLEY GRAVES SUSSEX COUNTY COURTHOUSE RESIDENT JUDGE 1 THE CIRCLE, SUITE 2 GEORGETOWN, DE 19947 (302) 856-5257 December 16, 2014 Natalie S. Woloshin, Esquire

More information

IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO WARREN COUNTY. : O P I N I O N - vs - 10/21/2013 :

IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO WARREN COUNTY. : O P I N I O N - vs - 10/21/2013 : [Cite as State v. McCoy, 2013-Ohio-4647.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO WARREN COUNTY STATE OF OHIO, : Plaintiff-Appellee, : CASE NO. CA2013-04-033 : O P I N I O N - vs - 10/21/2013

More information

COMMONWEALTH OF MASSACHUSETTS SUPREME JUDICIAL COURT FOR THE COMMONWEALTH. No. S.J.C. 06838 IN THE MATTER OF SAMUEL J. CONCEMI

COMMONWEALTH OF MASSACHUSETTS SUPREME JUDICIAL COURT FOR THE COMMONWEALTH. No. S.J.C. 06838 IN THE MATTER OF SAMUEL J. CONCEMI COMMONWEALTH OF MASSACHUSETTS SUPREME JUDICIAL COURT FOR THE COMMONWEALTH No. S.J.C. 06838 IN THE MATTER OF SAMUEL J. CONCEMI ON APPEAL FROM A JUDGMENT OF THE SUPREME JUDICIAL COURT FOR SUFFOLK COUNTY

More information

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF WAYNE )

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF WAYNE ) [Cite as State v. Moneypenny, 2004-Ohio-4060.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF WAYNE ) STATE OF OHIO Appellee v. MICHAEL MONEYPENNY, SR. Appellant C.A. No.

More information

INITIAL CONSULTATION AGREEMENT AND ACKNOWLEDGMENT OF RECEIPT OF DISCLOSURES

INITIAL CONSULTATION AGREEMENT AND ACKNOWLEDGMENT OF RECEIPT OF DISCLOSURES 303 Williams Avenue, Park Plaza Suite 921 Huntsville, Alabama 35801 Phone:256.535.0817 Fax: 256.535.0818 Web: www.heardlaw.com INITIAL CONSULTATION AGREEMENT AND ACKNOWLEDGMENT OF RECEIPT OF DISCLOSURES

More information

NOTICE TO GRANDPARENT

NOTICE TO GRANDPARENT A Power of Atrney may be created if the parent, guardian, or cusdian of the child is any of the following: 1. Seriously ill, incarcerated, or about be incarcerated 2. Temporarily unable provide financial

More information

An Introduction to the Federal Public Defender=s Office and the Federal Court System

An Introduction to the Federal Public Defender=s Office and the Federal Court System Some Things You Should Know An Introduction to the Federal Public Defender=s Office and the Federal Court System Office of the Federal Public Defender Southern District of West Virginia 300 Virginia Street

More information

GUILTY PLEA and PLEA AGREEMENT

GUILTY PLEA and PLEA AGREEMENT Case 1:11-cr-00364-TWT Document 5-1 Filed 07/29/11 Page 1 of 14 United States Attorney Northern District of Georgia GUILTY PLEA and PLEA AGREEMENT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA

More information

BEFORE THE BOARD OF ACCOUNTANCY DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

BEFORE THE BOARD OF ACCOUNTANCY DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA 6-" BEFORE THE BOARD OF ACCOUNTANCY DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: KENNETH JOEL LEIB 4707 Medford Street Fair Oaks, CA 95628 certificate Number

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION MINNESOTA LAWYERS MUTUAL INSURANCE COMPANY, vs. WILLIAM F. CONOUR, et al. Plaintiff, Defendants. Cause No. 1:12-cv-1671-WTL-MJD

More information

T.C. Memo. 2013-93 UNITED STATES TAX COURT. BLONDE GRAYSON HALL AND NEAL E. HALL, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

T.C. Memo. 2013-93 UNITED STATES TAX COURT. BLONDE GRAYSON HALL AND NEAL E. HALL, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent T.C. Memo. 2013-93 UNITED STATES TAX COURT BLONDE GRAYSON HALL AND NEAL E. HALL, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 25701-08L. Filed April 4, 2013. Blonde Grayson Hall

More information

UNITED STATES of America, Plaintiff-Appellee, Michael H. TARKOFF, Defendant-Appellant. No. 99-13223. United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Plaintiff-Appellee, Michael H. TARKOFF, Defendant-Appellant. No. 99-13223. United States Court of Appeals, Eleventh Circuit. UNITED STATES of America, Plaintiff-Appellee, v. Michael H. TARKOFF, Defendant-Appellant. No. 99-13223. United States Court of Appeals, Eleventh Circuit. Feb. 20, 2001. Appeal from the United States District

More information

VNSNY CORPORATE. DRA Policy

VNSNY CORPORATE. DRA Policy VNSNY CORPORATE DRA Policy TITLE: FEDERAL DEFICIT REDUCTION ACT OF 2005: POLICY REGARDING THE DETECTION & PREVENTION OF FRAUD, WASTE AND ABUSE AND APPLICABLE FEDERAL AND STATE LAWS APPLIES TO: VNSNY ENTITIES

More information

Metropolitan Jewish Health System and its Participating Agencies and Programs [MJHS]

Metropolitan Jewish Health System and its Participating Agencies and Programs [MJHS] Metropolitan Jewish Health System and its Participating Agencies and Programs [MJHS] POLICY PURSUANT TO THE FEDERAL DEFICIT REDUCTION ACT OF 2005: Detection and Prevention of Fraud, Waste, and Abuse and

More information

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION BRIAN Z. FRANCE, v. MEGAN P. FRANCE, Plaintiff, Defendant. Case No. 3:11-CV-00186 PLAINTIFF S MEMORANDUM OF LAW IN SUPPORT

More information

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-14-00020-CR EX PARTE DIMAS ROJAS MARTINEZ ---------- FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY ---------- MEMORANDUM OPINION 1 ----------

More information

What to Do When Your Witness Testimony Doesn t Match His or Her Declaration

What to Do When Your Witness Testimony Doesn t Match His or Her Declaration What to Do When Your Witness Testimony Doesn t Match His or Her Declaration Russell R. Yurk Jennings, Haug & Cunningham, L.L.P. 2800 N. Central Avenue, Suite 1800 Phoenix, AZ 85004-1049 (602) 234-7819

More information

PRACTICE GUIDELINES MEMORANDUM. RE: Sample Bankruptcy Motions and Orders for Personal Injury Practitioners and Trustees

PRACTICE GUIDELINES MEMORANDUM. RE: Sample Bankruptcy Motions and Orders for Personal Injury Practitioners and Trustees PRACTICE GUIDELINES MEMORANDUM TO: FROM: Attorneys Practicing Before Me And Other Interested Persons C. Timothy Corcoran, III United States Bankruptcy Judge DATE: January 3, 2000 1 RE: Sample Bankruptcy

More information

Medical Receptionist Steals $446,000 from Boss, Evades Taxes, Goes to Prison

Medical Receptionist Steals $446,000 from Boss, Evades Taxes, Goes to Prison Medical Receptionist Steals $446,000 from Boss, Evades Taxes, Goes to Prison NEWARK, NJ A former receptionist employed by a medical office in Kearny, New Jersey, was sentenced today to two years and 10

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND at GREENBELT. In Re: Debtor Chapter 7. vs. Adversary No.

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND at GREENBELT. In Re: Debtor Chapter 7. vs. Adversary No. Entered: July 31, 2013 Case 13-00202 Doc 20 Filed 07/31/13 Page 1 of 10 Date signed July 31, 2013 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND at GREENBELT In Re: Fely Sison Tanamor

More information

Information For Defendants About Getting A Court-Appointed Attorney

Information For Defendants About Getting A Court-Appointed Attorney Information For Defendants About Getting A Court-Appointed Attorney If you are charged with a criminal offense and cannot afford to hire an attorney, you are entitled to a court-appointed attorney. May

More information

THE COUNTY OF MONTGOMERY POLICIES AND PROCEDURES FALSE CLAIMS AND WHISTLEBLOWER PROTECTIONS

THE COUNTY OF MONTGOMERY POLICIES AND PROCEDURES FALSE CLAIMS AND WHISTLEBLOWER PROTECTIONS THE COUNTY OF MONTGOMERY POLICIES AND PROCEDURES POLICY It is the obligation of the County of Montgomery (the County ) to prevent and detect any fraud, waste and abuse in its organization related to Federal

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. THAO NGUYEN : CIVIL ACTION : v. : : No. 05-3021 DONALD MONICA, et al.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. THAO NGUYEN : CIVIL ACTION : v. : : No. 05-3021 DONALD MONICA, et al. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA THAO NGUYEN : CIVIL ACTION : v. : : No. 05-3021 DONALD MONICA, et al. : ADJUDICATION Ludwig, J. September 26, 2006 This is a

More information

HERITAGE FARM POLICY AND PROCEDURES. Policy: False Claims Act and Whistleblower Provisions

HERITAGE FARM POLICY AND PROCEDURES. Policy: False Claims Act and Whistleblower Provisions HERITAGE FARM POLICY AND PROCEDURES Policy: False Claims Act and Whistleblower Provisions Date: October 8, 2013 Rationale: It is Heritage Farm s intent to make sure all claims are submitted in a timely

More information

Internal Revenue Service

Internal Revenue Service Internal Revenue Service Number: 201045005 Release Date: 11/12/2010 Index Number: 162.25-05 ----------------------- ------------------------------------------- ----------------------------------- --------------------------------------------------

More information

In the Indiana Supreme Court

In the Indiana Supreme Court NO APPEARANCE FOR THE RESPONDENT ATTORNEYS FOR THE INDIANA SUPREME COURT DISCIPLINARY COMMISSION G. Michael Witte, Executive Secretary John P. Higgins, Staff Attorney Indianapolis, Indiana IN THE MATTER

More information

MARK PEREZ, APPELLANT THE STATE OF TEXAS, APPELLEE STATE S BRIEF

MARK PEREZ, APPELLANT THE STATE OF TEXAS, APPELLEE STATE S BRIEF Nos. 05-11-01575-CR and 05-11-01576-CR The State Waives Oral Argument 5th Court of Appeals FILED: 06/04/2012 14:00 Lisa Matz, Clerk IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS MARK

More information

Case 3:09-cv-01222-MMH-JRK Document 33 Filed 08/10/10 Page 1 of 8 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

Case 3:09-cv-01222-MMH-JRK Document 33 Filed 08/10/10 Page 1 of 8 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION Case 3:09-cv-01222-MMH-JRK Document 33 Filed 08/10/10 Page 1 of 8 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION PHL VARIABLE INSURANCE COMPANY, Plaintiff, vs. Case No. 3:09-cv-1222-J-34JRK

More information

Unauthorized Practice of Law

Unauthorized Practice of Law Unauthorized Practice of Law Maryland, Virginia and the District of Columbia - Laws, Regulations and Procedures for how to file a complaint against a Notario Publico Overview Notary v. Notario Publico

More information

USA v. Fabio Moreno Vargas

USA v. Fabio Moreno Vargas 2015 Decisions Opinions of the United States Court of Appeals for the Third Circuit 11-18-2015 USA v. Fabio Moreno Vargas Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2015

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA William J. Bell : : No. 2034 C.D. 2012 v. : Submitted: April 19, 2013 : Commonwealth of Pennsylvania, : Department of Transportation, : Bureau of Driver Licensing,

More information

[Cite as Rancman v. Interim Settlement Funding Corp., 2001-Ohio-1669]

[Cite as Rancman v. Interim Settlement Funding Corp., 2001-Ohio-1669] [Cite as Rancman v. Interim Settlement Funding Corp., 2001-Ohio-1669] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) ROBERTA RANCMAN C.A. No. 20523 Appellee/Cross-Appellant

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 15-10555 Document: 00513374664 Page: 1 Date Filed: 02/10/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee United States Court of Appeals

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. No. 92-7236 Summary Calendar S))))))))))))))Q

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. No. 92-7236 Summary Calendar S))))))))))))))Q IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT S))))))))))))))Q No. 92-7236 Summary Calendar S))))))))))))))Q UNITED STATES OF AMERICA, versus Plaintiff-Appellee, THOMAS LOWELL SHAW, Defendant-Appellant.

More information

Case: 1:16-cv-00951 Document #: 1 Filed: 01/22/16 Page 1 of 18 PageID #:1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

Case: 1:16-cv-00951 Document #: 1 Filed: 01/22/16 Page 1 of 18 PageID #:1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Case: 1:16-cv-00951 Document #: 1 Filed: 01/22/16 Page 1 of 18 PageID #:1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PAMELA ANDERSON, Individually and ) as Independent

More information