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Criminal Defense Articles

Victims' Rights

The function of the criminal justice system is to punish criminal behavior by the arrest, prosecution, and sentencing of those who violate the law. However, because we live in a free society, the system must be appropriately balanced between the power of the government and the rights of the individual. Therefore, procedures have been established to protect the rights of the criminally accused. The United States Constitution guarantees certain rights to a person accused of a crime, including the right to a trial by jury in open court, the right to be represented by a lawyer, and the right to be free of cruel and unusual punishments. Other rights afforded to all people, like the prohibition against unreasonable search and seizure, also apply to those charged with a crime.

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Jails and Prisons

Just as there are many different types of crimes that may be committed, there are many different ways a person may be punished and confined for committing a crime. The following are frequently asked questions about some of the kinds of jails and prisons, and other forms of confinement in America.

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White Collar Crime Case Summaries

[09/06] NECA-IBEW Health & Welfare Fund v. Goldman Sachs & Co.
In a putative class action brought under Sections 11, 12(a)(2), and 15 of the Securities Act on behalf of all persons who acquired certain mortgage-backed certificates issued under the same allegedly false and misleading shelf registration statement, district court's dismissal of class action for lack of standing and for failure to allege a cognizable injury under section 11 is affirmed in part, vacated in part where: 1) plaintiff has standing to assert the claims of purchasers of certificates backed by mortgages originated by the same lenders that originated the mortgages backing plaintiff's certificates, because such claims implicate "the same set of concerns" as plaintiff's claims; and 2) plaintiff need not plead an out-of-pocket loss in order to allege a cognizable diminution in the value of an illiquid security under Section 11.

[09/06] Securities and Exchange Commission v. Obus
In the SEC's suit against defendants for insider trading in violation of section 10(b) and Rule 10b-5 under both the classical and the misappropriation theories of insider trading, district court's grant of summary judgment in favor of the defendants is vacated and remanded, as the SEC's evidence created genuine issues of material fact as to each defendant's liability under the misappropriation theory.

[08/17] US v. Contorinis
An investment portfolio-manger's conviction for securities fraud and insider trading is affirmed, as the district court properly instructed the jury on the definition of material, nonpublic information and acted within its discretion in admitting evidence concerning the trades by other individuals. However, the forfeiture order is vacated because the district court erred in ordering defendant to forfeit gains acquired by his employer but not by him.

[08/08] SEC v. Apuzzo
In a suit brought by the Securities and Exchange Commission, alleging that defendant aided and abetted securities laws violations through his role in a fraudulent accounting scheme, district court's grant of defendant's motion to dismiss is reversed and remanded, as in SEC civil enforcement actions, the test for substantial assistance is that the aider and abettor "in some sort associated himself with the venture, that he participated in it as in something that he wished to bring about, and that he sought by his action to make it succeed." Here, applying this test, the complaint plausibly alleged that the defendant aided and abetted the primary violation.

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Criminal Defense Frequently Asked Questions

What is the difference between rape and sexual assault?

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http://www.revisblackburnpa.com 386-868-2396 The attorneys of Revis & Blackburn are located in Daytona Beach, Florida. Attorney Revis handles criminal defense, probate & civil litigation. Attorney Blackburn primarily handles family law.

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