by Marc Neff
Supreme Court of the United States to ConsiderTwenty Year Old Political Corruption Law
The Honest Services Fraud statute, a tool used by prosecutors in political corruption cases over the past twenty years, may soon be voided or modified by the Supreme Court of the United States due to vagueness and over breadth. The Honest Services Fraud doctrine presumes that a public official owes a duty of honest service to the public who he or she represents. When that public service...
by Marc Neff
Serial Child Pornography Offender Sentenced to One Hundred Eighty Months Special Conditions upon Release
In Philadelphia, the Third Circuit Court of Appeals recently held certain special conditions of parole, issued upon a defendant who pled guilty to transmitting child pornography as part of his sentence, were unconstitutional. Arthur Heckman pled guilty to one count of transporting child pornography. Mr. Heckman had entered a chat room on America Online and transmitted a total of eighteen...
by Marc Neff
Child Pornography Victim Seeks Restitution From Those Convicted of Possessing her Images
When Amy was a young girl, her Uncle sexually abused her by forcing her to pose for sexually explicit photographs and sharing those photographs with other pedophiles. Her photographs, which became known as “the Misty Series”, were some of the first photographs to ever surface in the internet world of child pornography and remain popular amongst child pornography viewers even today. Amy has...
by Marc Neff
Federal Courts are Split on the Imposition of Internet Bans as Penalty
In Philadelphia, the United States Court of Appeals for the Third Circuit, recently overturned a lifetime internet ban, which was imposed as part of a convicted child sex offender’s sentence. In reversing the defendant’s internet ban, the Third Circuit displayed its stance on the argument of internet as a right versus a privilege. The defendant, in the appeal, had been sentenced to fifteen...
by Marc Neff
Supreme Court of the United States Hears Arguments on the Detainment of Sexual Predators
The Supreme Court recently heard arguments in United States v. Comstock, an appeal brought by government prosecutors against four defendants who had completed their prison sentences for possession of child pornography and/or sexual abuse of a minor, but were still being held as “sexually dangerous.” The four defendants were arrested, charged and convicted under the Adam Walsh Act; legislation...
by Marc Neff
Superior Court of Pennsylvania Upholds Suppression Order, Holding Pennsylvania Constitution Provides Greater Protections than Federal
The United States Constitution contains what is known as the Bill of Rights; the first ten amendments to the Constitution which provide American citizens with their Fundamental Rights. These amendments alone apply to individuals solely within the confines of the Federal Government and Legal systems. The Fourteenth Amendment then applies those Fundamental Rights, as set forth in the Bill of...
by Marc Neff
Consecutive Sentences for Multiple Victims Upheld, No Mitigation without Justification on Record
The Superior Court of Pennsylvania decided the case of Commonwealth v. Garcia-Rivera earlier this month, in which Melvin Garcia-Rivera had entered an open plea of guilt and was sentenced to two counts of involuntary manslaughter. Garcia-Rivera was charged in connection with a motor vehicle accident in which his two passengers were killed. The standard sentencing guideline for involuntary...
by Marc Neff
Attorneys Not Subject to Criminal Penalties under Federal Money Laundering Statute
The United States Court of Appeals for the Eleventh Circuit held attorneys cannot be penalized criminally for accepting tainted money from clients, under a Federal money laundering statute. The Federal statute, 18 U.S.C. § 1957, excludes “any transaction necessary to preserve a person’s right to representation as guaranteed by the Sixth Amendment to the Constitution” from criminal penalties...
by Marc Neff
Police Cannot Prolong Investigations for Purpose of Increasing Potential Penalties
The Pennsylvania Superior Court decided the case of Commonwealth v. Smith lat month, remanding the case back to the trial court in order to determine proper sentencing. Smith was arrested and charged with four counts of possession of cocaine, four counts of intent to deliver cocaine, and three counts of delivery of cocaine. The arrest occurred following a prolonged police investigation, during...
by Marc Neff