Peter Smythe Peter Smythe

SCOTUS Rejects RIGHT-To-Control

The Supreme Court holds the Second Circuit’s right-of-control theory cannot form the basis of a conviction under the federal fraud statutes.

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Peter Smythe Peter Smythe

Altered Serial Numbers

The Fifth Circuit holds that U.S.S.G. 2K2.1(b)(4)(B) applies only when an actual serial number has been altered or obliterated.

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Peter Smythe Peter Smythe

Healthcare Fraud is a Property Crime

The Fifth Circuit holds that the factual circumstances of the crime of conviction determines whether the crime is an “offense against property” requiring mandatory restitution.

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Peter Smythe Peter Smythe

Bribery Requires a Quid Pro Quo

The Fifth Circuit decides that 18 U.S.C. 666 requires evidence of a quid pro quo for conviction. Mere gratuities are not enough.

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Peter Smythe Peter Smythe

Hoax Conviction Affirmed

The Fifth Circuit affirms the conviction of a Facebook poster who falsely posted that he had paid a COVID-positive friend to lick items in two grocery stores.

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Peter Smythe Peter Smythe

Custody and Miranda

The Fifth Circuit, over a strong dissent by the chief judge, rules that the defendant, handcuffed and threatened with tasing, was not in custody for purposes of Miranda.

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