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Punishing the Parent – Should the Parents of a School Shooter Be Criminally Liable for their Parental Failures?
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April 16, 2024
Punishing the Parent – Should the Parents of a School Shooter Be Criminally Liable for their Parental Failures?
By: Abbey Block
Can being a bad parent make you a criminal? A jury in Michigan recently answered yes in the case of Jennifer and James Crumbley – the parents of high school mass shooter, Ethan Crumbley. Although neither Mr. nor Mrs. Crumbley fired a single shot during the school shooting that killed four students (and injured six other people), last week they were each sentenced to ten years in prison for involuntary manslaughter. The high school shooting, which took place nearly three years ago in Oxford, Michigan is undoubtedly a horrific tragedy. Nobody questions that the shooter, Ethan, should be punished severely for his actions. Indeed, in 2023, Ethan, who was charged as an adult (despite being fifteen at the time of…
Was FTX Collapse as Bad as Enron? In sentencing SBF, Judge Kaplan Says Yes
April 1, 2024
Was FTX Collapse as Bad as Enron? In sentencing SBF, Judge Kaplan Says Yes
By: Jeffrey Hamlin
On Thursday, March 28, 2024, 32-year old Sam Bankman-Fried was sentenced to 25 years in prison for his role in one of the largest financial frauds in U.S. history—a fraud perpetrated through two cryptocurrency entities he founded—FTX and Alameda Research. In late-2023, a jury convicted him on various conspiracy and substantive counts for wire fraud on FTX’s customers, securities fraud on FTX’s customers and investors,…
A Tale of Two Courts
February 16, 2024
A Tale of Two Courts
By: James Trusty
Much has been made of the contemptuous and combustible combination of former President Trump and Manhattan Supreme Court Judge Arthur Engoran, the trial judge in the New York “fraud” case that imperils Trump’s ability to do business in New York. This week we got a glimpse into a different proceeding involving an extremely opinionated subject of an accusation—District Attorney Fanni Willis—presided over by Fulton County…
Five Years Later, Skilling’s Sentence Is Still Up in the Air
October 17, 2011
Five Years Later, Skilling’s Sentence Is Still Up in the Air
By: Ifrah Law
On Sunday, October 16, 2011, an op-ed article by founding partner Jeff Ifrah and associate Jeff Hamlin appeared in the Houston Chronicle. The article discusses the upcoming resentencing of former Enron CEO Jeffrey Skilling and the fact that it is now close to the fifth anniversary of his conviction. The following is the full text of the article: Five years later, Skilling’s sentence is…
Judge Awards $1.7 Million to Defendant in EPA Malicious Prosecution Case
October 12, 2011
Judge Awards $1.7 Million to Defendant in EPA Malicious Prosecution Case
By: Ifrah Law
On September 30, 2011, the U.S. District Court for the Western District of Louisiana ordered the United States to pay $1.7 million in a malicious prosecution lawsuit to Hubert Vidrine, based on findings that the U.S. government had maliciously prosecuted Vidrine for alleged environmental crimes. This is a rare ruling by a federal court requiring the government to pay money damages for the overzealous actions…
District Judge Orders Much-Reduced Sentence in Fraud Case
October 10, 2011
District Judge Orders Much-Reduced Sentence in Fraud Case
By: Ifrah Law
A federal judge has made a major reversal in the case of Steve Warshak, the Berkeley Premium Nutraceuticals founder who was sentenced to 25 years for defrauding customers who bought his “male enhancement” pills, which were advertised in the notorious “Smiling Bob” ad campaign. We have discussed Warshak’s case in a previous blog post. Warshak had been accused of defrauding customers out of $400 million,…
Judge Imposes Draconian Sentences in Medicare Fraud Scheme
October 7, 2011
Judge Imposes Draconian Sentences in Medicare Fraud Scheme
By: Ifrah Law
On Sept. 16, 2011, a federal judge in Miami sentenced Lawrence Duran to 50 years in prison, the longest sentence ever imposed in a Medicare fraud case, for his role in a massive fraud scheme that resulted in more than $205 million in losses. Duran was also ordered to pay $87 million in restitution. Duran was co-owner of American Therapeutic Corporation with Marianella Valera, his…
Appeals Court Limits Scope of ‘Intended Loss’ in Sentencing Guidelines
September 27, 2011
Appeals Court Limits Scope of ‘Intended Loss’ in Sentencing Guidelines
By: Ifrah Law
The U.S. Court of Appeals for the 10th Circuit recently considered what type of proof is required for a sentence enhancement based on “intended loss” under the U.S. Sentencing Guidelines. The court held that a loss enhancement applies only to losses the defendant purposely sought to inflict, not losses the defendant merely knew would occur or possible losses the defendant may have contemplated. To most…
