The Beggs & Lane Blog

White Collar Federal Criminal Defense – Federal Civil Asset Forfeiture: Part 3

As previously discussed, the federal government may seize property pursuant to civil asset forfeiture proceedings under 18 U.S.C. § 983.  The primary way that a person can seek return of the property is to show that he or she is an “innocent owner.” What does it mean to be an “innocent owner” of seized property: The “innocent owner” claim is found at 18 U.S.C. § 983(d).  The person seeking “innocent owner” status has the burden of proving that claim by a preponderance of the evidence. 18 U.S.C. § 983(d)(1). Does it matter if I owned the property before or after [...]

By |October 18th, 2021|Categories: Blog|0 Comments

White Collar Federal Criminal Defense – Federal Civil Asset Forfeiture: Part 2

As discussed in Part One, Federal Rule of Criminal Procedure 41(g) provides that “[a] person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property’s return.” Does this mean the federal government can seize a person’s assets? Yes. Are there ways that the person can fight to take back their property? Yes. The person whose asset was taken can file a Rule 41(g) motion with the district court and ask for the property to be returned.  This happens when criminal charges are not filed—therefore, the person first needs to ask [...]

By |October 11th, 2021|Categories: Blog|0 Comments

Federal Civil Asset Forfeiture: Part 1

Can the federal government seize a person’s assets?  Yes. Can the federal government seize a person’s assets—even if there haven’t been any criminal charges?  Yes. Sound unfair?  It probably does. An explanation:  If an asset (real estate, money, cars, etc.) was involved in committing a crime, the federal government has the right to seize that asset in civil proceeding.  (A quick reminder:  A civil proceeding is one in which a party seeks money or property—but no one is at risk of criminal penalties such as jail or prison.  For example:  A personal injury case is a civil proceeding.)  The seizure [...]

By |September 29th, 2021|Categories: Blog|0 Comments

Arraignment in Federal Court – What to Expect

If you or someone you know has been arrested on a  federal criminal charge, you know that everything seems to happen very quickly.  Typically, in the days after the arrest,  a criminal defendant must attend an arraignment. What is an arraignment? An arraignment is a relatively short proceeding in which the prosecutor informs the defendant of the criminal charges against the defendant and the defendant enters a plea—guilty or not guilty—to the charges.  The arraignment is heard before a Magistrate Judge of the U.S. District Court. Pursuant to Rule 10, Federal Rules of Criminal Procedure,  the arraignment must be conducted [...]

By |September 22nd, 2021|Categories: Blog|0 Comments

COPYRIGHT LAW UPDATE: Congress Passes CASE Act of 2020 To Create Copyright Small Claims Tribunal

By Stephen D. Wilson | December 22, 2020  On December 21, 2020, Congress passed the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act), as part of the Consolidated Appropriations Act, 2021. The CASE Act provides a voluntary small claims system to adjudicate copyright infringement claims that do not exceed $30,000. The CASE Act is intended to provide a lower-cost alternative to copyright infringement litigation in federal court. The Act directs the United States Copyright Office (USCO) to establish a new Copyright Claims Board (CCB) within one year of enactment (unless the Register of Copyrights extends the deadline for [...]

By |December 28th, 2020|Categories: Blog, Intellectual Property|0 Comments

CARES Act – Net Operating Losses

On March 27, 2020, Congress passed the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”) to provide relief for the acute economic fallout from the coronavirus (COVID-19) pandemic. The CARES Act, among other things, aims to provide significant aid to businesses and employees. One of the key business tax provisions relates to the operating losses for corporations and partnerships. Corporate Net Operating Losses - Limitations and Carrybacks. ·         Prior to the enactment of the CARES Act, corporate net operating loss (“NOL”) carryforwards were deductible only to the extent of 80% of taxable income, and NOLs generally could not be [...]

By |April 9th, 2020|Categories: Blog|0 Comments
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