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Daily Business Review

US Prosecutors Says Illegal Gold Used in Money-Laundering Scheme

A man who considered himself the Pablo Escobar of gold smuggling and two other former workers at a Miami-area refinery imported more than $1 billion in illegally mined gold from South America in a vast money-laundering scheme from 2013 to 2016, U.S. prosecutors say.
4 minute read

New York Law Journal

The People v. Clyburn

Administrative Code §19-190 Not Preempted By Penal Law §15.05, Not Unconstitutional
1 minute read

The Recorder

Menefield v. Board of Parole Hearings

C.A. 3rd; C083356 The Third Appellate District affirmed a judgment. The court held that a regulation providing that an inmate’s “serious…
3 minute read

The Recorder

In re Albert C.

Cal.Sup.Ct.; S231315 The California Supreme Court affirmed a district court judgment. The court held that local court protocol limiting the length of…
5 minute read

New York Law Journal

Goal of Nation's First Opioid Court: Keep Users Alive

After three defendants fatally overdosed in a single week last year, it became clear that Buffalo's ordinary drug treatment court was no match for the heroin and painkiller crisis. Now the city is experimenting with the nation's first opioid crisis intervention court, which can get users into treatment within hours of their arrest, requires them to check in with a judge every day for a month, and puts them on strict curfews. Administering justice takes a back seat to the overarching goal of simply keeping defendants alive.
5 minute read

The Recorder

In re Partida

9th Cir.; 15-60045 The court of appeals affirmed a decision of the Bankruptcy Appellate Panel. The court held that the Mandatory Victims Restitution…
3 minute read

New York Law Journal

SCOTUS Rejects Excessive Force 'Provocation' Doctrine, Invokes Proximate Cause

In his Section 1983 Litigation column, Martin A. Schwartz writes that the U.S. Supreme Court recently overturned the Ninth Circuit's "provocation doctrine" on the ground that it was inconsistent with Fourth Amendment excessive force jurisprudence. The court held that whether officers who conduct an unconstitutional search are liable for injuries from their subsequent use of force depends upon the application of traditional proximate cause principles—but applying proximate causation in these circumstances is easier said than done.
11 minute read

New York Law Journal

Victims' Rights and White-Collar Defense

White-Collar Crime columnists Elkan Abramowitz and Jonathan Sack discuss the Crime Victim Rights Act, writing: To be sure, advocacy by putative victims can exert influence on prosecutors and courts in a manner that complicates defense of a white-collar case. At the same time, the rights of putative victims may, on occasion, give rise to disclosures that assist the defense.
11 minute read

Daily Business Review

Attorneys Protest Case Dismissal in Relative's Death

Two attorneys mounted a protest in front of the Broward County Central Courthouse over the dismissal of criminal charges against a man accused of killing their relative.
8 minute read

The Recorder

United States v. Padilla-Diaz

9th Cir.; 15-30279 The court of appeals affirmed district court orders denying motions for sentence reduction. The court held that Amendment 782 did…
3 minute read

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