Volume 16 - Number 1 | September 2008
| September Issue in PDF Format … |
| Prosecution of Subprime-Mortgage Fraud By Laurence A. Urgenson and Peter A. Farrell With the meltdown of the U.S. housing market, many players in mortgage lending now face the triple threat of criminal, civil, and administrative legal action. But the scope of federal action against questionable lending practices will depend on the answer to a key question: What funding will be made available to law enforcement agencies? |
| Bringing Sentencing Sanity to Operation Malicious Mortgage By Evan A. Jenness Harsh sentences can be generated by a rote application of the U.S. Sentencing Guidelines in mortgage fraud cases. Challenging the scope of "relevant conduct" should be defense counsel's first line of attack in many cases, because victims’ losses may not have resulted from a convicted client’s activities or the reasonably foreseeable acts of others in furtherance of jointly undertaken criminal activity under § 1B1.3. |
| The Money Laundering Hammer By Peter D. Hardy The federal government has wielded the money laundering statutes, 18 U.S.C. §§ 1956 and 1957, to great effect in various cases due to their breathtaking sweep, jury appeal, and severe sentencing enhancement under the federal Sentencing Guidelines. The Supreme Court’s recent ruling in United States v. Santos may undermine the feds’ use of this weapon. |
| In the Courts Recent rulings you need to know. |
| Business Crimes Hotline National rulings of interest to you and your practice. |
