by Marc Neff
“Massive Frauds” on the Rise
An FBI official recently reported to the U.S. Senate Judiciary Committee that the bureau has uncovered “massive frauds” in its continuing effort to fight financial crime. Kevin Perkins, Assistant Director of the FBI’s Criminal Investigative Division, reported that new corporate fraud cases, including newly identified Ponzi schemes, are up by 111 percent. In addition, high-yield securities...
by Marc Neff
Facebook Fraud a Serious Concern
Hacking of Facebook accounts has become a “major issue” for the popular social networking site. Richard Allan, Facebook’s head of European public policy, recently addressed the growing concern, promising that the site would counter the problem through the implementation of “sophisticated methods of tracking unusual user behavior.” Concern over user’s privacy arose recently after hackers...
by Marc Neff
Charges Dropped Against Rapper T.I.
Prosecutors recently dropped drug charges against rapper T.I. stemming from his September arrest in Los Angeles with his wife, Tiny. Police had stopped the two after their vehicle made an illegal U-turn, at which time officers reported smelling marijuana as they approached the car. After searching the car and its occupants, police discovered tablets of the illegal drug Ecstasy. Although the...
by Marc Neff
Juror’s Use of iPhone Causes Mistrial in Manslaughter Case
The Florida Court of Appeals recently overturned a manslaughter conviction because a juror used his iPhone to look up a definition during jury deliberations. In 2006, Jose Tapanes was convicted of manslaughter after fatally shooting his neighbor during a heated argument. Tapanes claimed to have feared for his life at the time of the argument so as to render his decision to shoot his neighbor...
by Marc Neff
New Jersey Court Throws Out State’s Fraud Suit Against Springsteen Ticket Sellers
The New Jersey Superior Court recently threw out a lawsuit filed by the State against ticket resellers Orbitz Worldwide and TicketNetwork Direct. The suit arose from the sale of tickets to Bruce Springsteen shows at Giants Stadium last year, six days before Ticketmaster began selling tickets. The state alleged that the resellers had violated New Jersey’s Consumer Fraud Act by offering tickets,...
by Marc Neff
Sentencing in Drug Case Vacated
The Superior Court of Pennsylvania recently vacated a defendant’s conviction for drug charges upon a finding that the evidence was obtained as a result of an unlawful search and seizure. In 2008, the defendant was arrested and charged with possession and possession with intent to distribute a controlled substance after he was found carrying large quantities of marijuana and crack cocaine. An...
by Marc Neff
Counsel can be Deemed Ineffective for Failing to Advise a Defendant of Collateral Consequences
The Superior Court of Pennsylvania recently considered whether a defendant’s counsel was ineffective for failing to inform him that a guilty plea to indecent assault would result of the loss of his vested pension rights under the Public Employee Pension Forfeiture Act (PEPFA). Defendant Joseph Abraham, a high school teacher, had offered $300 to a student in exchange for sex, and also touched...
by Marc Neff
Prosecutorial Misconduct Causes Reversal in Drug Case
The Third Circuit Court of Appeals recently vacated a defendant’s conviction on the grounds that the prosecutor’s introduction of testimony, that he had promised not to rely on at trial, had deprived the defendant of a fair trial. In US v. Liburd, Liburd was convicted of attempted importation of cocaine and possession with intent to distribute more than 500 grams of cocaine. On Oct. 4, 2008,...
by Marc Neff
Drunk Driving Conviction Upheld
The Superior Court of Pennsylvania recently affirmed both the DUI conviction and the judgment of sentencing of Robert Toland, II, stemming from his 2006 arrest in Delaware County. Toland had been spotted by an on-duty patrolman late at night passed out behind the wheel of his car, which was parked on the street outside of a store. The headlights were on and the motor was running, and a cold,...
by Marc Neff