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Criminal Law

Law firm’s bank accounts not subject to criminal forfeiture

The bank accounts of a law firm were not subject to direct forfeiture as the “proceeds” of a former shareholder’s criminal enterprise because the accounts included commingled client funds, the 11th U.S. Circuit Court of Appeals has ruled in reversing ...

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SENTENCING

Any fact that will increase a criminal defendant’s mandatory minimum sentence must be decided by a jury beyond a reasonable doubt. See “Justices rule in mandatory minimum case.” U.S. Supreme Court, Alleyne v. United States, No. 11-9335. June 17, 2013. ...

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CRIMINAL LAW

Even though a judge blatantly violated rules of criminal procedure by advising a defendant that his best option was to “come to the cross” and plead guilty, the defendant cannot automatically vacate his guilty plea unless he shows that he ...

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EX POST FACTO

Sentencing a criminal defendant under later guidelines that provide for a higher sentence than those in effect at the time the crimes were committed violates the Ex Post Facto Clause. See “Harsher sentencing guidelines violate Ex Post Facto Clause” U.S. ...

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