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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
Families First Coronavirus Response Act Emergency Paid Sick Leave Act and the Family and Medical Leave Expansion Act Last Updated: April 7, 2020 Summary: Starting for any leave on or after April 1, 2020, Employers with fewer than 500 employees are required to provide paid, protected leave to employees who are unable to [...]
Paycheck Protection Program Part of the CARES ACT (Coronavirus Aid, Relief, and Economic Security Act) Enacted Friday, March 27, 2020 Last Updated: April 7, 2020 Summary: Private lenders are offering Small Business Administration (SBA) low interest loans requiring no collateral, no personal guarantees, 6 month to 1 year payment deferrals, and substantial loan forgiveness, [...]
The IRS has provided advice for employers on how to claim an employee retention credit on quarterly Form 941 under the coronavirus stimulus legislation. The refundable tax credit is equal to 50% of qualified wages paid to employees after March 12, 2020, and before January 1, 2021. If an employer [...]
On Wednesday, March 18, 2020, Congress enacted a law that applies to most employers with fewer than 500 employees requiring paid, protected leave time for employees needing time off for specific reasons related to the coronavirus pandemic. This law is called the Families First Coronavirus Response Act (the “Families First [...]
