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By Jonathan Knowles – On April 10, 2021, the Maryland legislature overrode Governor Hogan’s veto to pass three bills dedicated to police reform.[1] Among the provisions contained in these bills were significant restrictions on police officers’ authority to request a “no-knock search warrant.” Since the tragic death of Breonna Taylor, other states have implemented similar restrictions and more are likely
By Jonathan Knowles – We have previously examined United States v. Van Buren, then pending before the Supreme Court of the United States. On June 3, 2021, the Supreme Court issued its opinion interpreting the Computer Fraud and Abuse Act of 1986. The Court limited violations of the Act to access of information that a person is never authorized to
The Rodchenkov Anti-Doping Act of 2019 is a new Federal statute designed to impose criminal penalties on those involved in international athletic doping conspiracies. Introduced in the U.S. Senate in 2019 by Senator Sheldon Whitehouse, it aims to provide restitution for victims and to require the sharing of information with the U.S. Anti-Doping Agency. The statute provides extraterritorial jurisdiction to
The False Claims Act, or FCA, is the Federal statute under which fraud against the US Government is prosecuted. The FCA was first enacted during the Civil War in order to combat defense contractor fraud. Since then, it has been amended and updated a number of times to ensure applicability to additional forms of fraud arising from not only government
Introduction: What Is The Anti-Money Laundering Act of 2020? The Anti-Money Laundering Act of 2020 (“AMLA”) is a new law which makes certain important amendments to the Bank Secrecy Act (“BSA”). It was enacted in January 2021. While the core purpose of the AMLA is prevent the movement of money through US financial institutions intended for the funding of terrorism
In this article, we discuss the statutes that federal prosecutors are most likely to use to charge individuals in cases related to fraud in connection with Paycheck Protection Program (PPP) loans. This is not an exhaustive review of all potential statutes that might apply, but rather addresses the statutes most likely to be applied. The Federal CARES Act was enacted
Introduction: What Is The Hobbs Act? The Hobbs Act covers a wide range of criminal conduct. In this article, we focus on the application of the Hobbs act to cases of extortion under the color of official right. Originally intended as a weapon against labor racketeering, The Hobbs Act—codified at 18 U.S.C. § 1951—has become a primary tool for use
We have previously covered the SCOTUS’s interesting decision to grant certiorari in Van Buren v. United States – a criminal case where the petitioner has appealed his conviction under the Computer Fraud and Abuse Act (CFAA). The case is potentially significant because the lower court’s interpretation of the CFAA, defended by the government on appeal, would criminalize large swaths of
In April 2020, the Supreme Court agreed to hear Van Buren v. United States. This case raises questions about what constitutes criminal “computer misuse” under 18 U.S.C. § 1030(a). The petitioner, Mr. Van Buren, was convicted under 18 U.S.C. § 1030(a) after accepting a loan in exchange for personal records obtained through a police database. As a police officer, Mr.
In 2018, Congress passed the reformative First Step Act, commonly called the FSA. One of the FSA’s reforms allows certain inmates to receive greater reductions for good behavior than was previously possible. This posts examines the FSA’s changes to earned time credit. Background For many decades, inmates showing progress towards rehabilitation could serve part of their sentences outside of prison
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