The Beggs & Lane Blog
What to Expect in a Federal Criminal Case: Part 1 of 3 – Initial Appearance
The initial stages of a criminal case in federal court can be a confusing and anxiety-producing time for a person who has been arrested. Here’s an explanation of what a federal criminal arrestee can expect at the beginning of the case.
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]