San Francisco & Bay Area Criminal Defense Lawyers

Last week, a federal jury in Manhattan found former SAC portfolio manager, Michael Steinberg, guilty on 5 insider trading charges related to trades he made in the shares of Dell and Nvidia.  Steinberg was the highest-ranking employee at SAC Capital Advisors to stand trial for insider trading. Other SAC employees pled guilty to securities fraud and cooperated with the government. His verdict was also reached without the use of wiretap evidence; the evidence was purely circumstantial. A former SAC analyst who was cooperating did testify on behalf of the government, but otherwise, there was no hard evidence against Mr. Steinberg.  The government's record is now 77 guilty pleas or convictions for insider trading cases over the past four years, out of 87 people charged, including firms and individuals.

The California Supreme Court affirmed a trial court decision that excluded the defendant's expert witness testimony regarding the reliability of breath test machines at trial. The court ruled as follows: "The trial court did not err in limiting Dr. Hlastala‟s prehearing jury testimony and excluding his subsequently proposed elaborating testimony with respect to the statutory per se charge. As the trial court observed, defendant remained free to argue, and present evidence, that the particular machines used in this case malfunctioned, or that they were improperly calibrated or employed. But as explained earlier, the 0.08 percent breath-alcohol concentration formulated by the Legislature in enacting the underlying per se offense, section 23152(b), was adopted on the basis of correlation studies employing just such breath-testing machines — and the various physiological factors that affect the results of breath machines generally, have already been taken into account by thos...

I n this case, the defendant pled guilty to wire fraud in connection with a real estate investment scheme. The parties reached an agreement on defendant's sentencing guidelines and the loss amount, taking into account that some of the losses were not due to defendant's conduct at all, but rather, due to the investments themselves.  The district court did not accept the parties' loss conclusions and applied a much higher loss amount and varied upward nearly double from the joint guideline recommendation of sixty months in custody.  The court used the rational for the upward variance as the impact on the victims' lives (even though much of the losses were simply investments that didn't work out).  The issue for the Ninth Circuit was whether the "life-destroying" facts of the victims proper for the court to consider in varying upward.  The Ninth said yes - the Court could consider these other factors. Judge Tashima wrote a very strong dissent on this iss...

United States appealed the granting of defendant’s motion to suppress which was granted due to bare bones, cut and paste facts in a search warrant affidavit. Underwood was charged with conspiracy to possess and distribute controlled substances in violation of 21 U.S.C. §§ 841 and 846. •The Ninth Circuit held that: –Conclusions of affiant unsupported by underlying facts can’t be used to establish probable cause –The affidavit contained only two facts, foundationless expert opinion, and conclusory allegations •Seen baggie of personal use marijuana lacked a nexus to ecstasy trafficking •Observation of Defendant delivering two wooden crates to suspected dealers three months before warrant wasn’t detailed enough; was a bare conclusion that it contained ecstasy •Affidavit failed to define “drug trafficker” and provided no facts to support conclusion that Underwood is in business of buying & selling ecstasy •LAPD Officer’s statement that a federal warrant had previous...

Lira appealed his 120-month mandatory minimum sentence imposed following his jury trial conviction for use or carrying and possession of firearms in furtherance of a drug trafficking offense, in violation of 18 U.S.C. § 924(c). He was convicted in Counts I-III of possession and distribution of meth , and the District Court found by a preponderance of the evidence in Count IV that Lira discharged a firearm “during and in relation to or in furtherance” of a drug trafficking offense, which triggered the 10 year mandatory minimum consecutive sentence. Lira appealed his 120-month mandatory minimum sentence imposed following his jury trial conviction for use or carrying and possession of firearms in furtherance of a drug trafficking offense, in violation of 18 U.S.C. § 924(c). He was convicted in Counts I-III of possession and distribution of meth, and the District Court found by a preponderance of the evidence in Count IV that Lira discharged a firearm “during and in relation to or in f...

Federal drug sentencing has been given a long-awaited makeover by the issuance of Eric Holder’s Memorandum and Guidelines to Federal Prosecutors in August of this year.  The new policy should help certain drug offenders avoid mandatory minimum sentences in federal drug cases .  Attorney General Holder also set forth “Federal Prosecution Priorities” pertaining to the charging of certain offenses in federal, versus state, court. Citing to Alleyne v. United States , 133 S.Ct. 2151 (2013), the Holder Memo on Charging Mandatory Minimum Sentences (Aug. 12, 2013), reminded United States Attorneys that “any fact that increases the statutory mandatory minimum sentence is an element of the crime that must be submitted to the jury and found beyond a reasonable doubt.”  Mr. Holder noted that because of this standard, the prosecutor’s discretion in charging mandatory minimum cases must be used with particularity and discretion.  Specifically, Mr. Holder stated: When maki...

An arrest, even where there is no conviction, can have devastating effects on a person's life.  For non-citizens, it can result in random detentions at immigration outposts and obstacles to obtaining citizenship.  For those seeking employment, an arrest can be detected through background checks and can result in disqualification from certain jobs.  A Petition for Factual Innocence pursuant to California Penal Code section 851.8 can get one's arrest record sealed and destroyed.  The standard is very high, however, as the Petitioner must prove that he/she was factually innocent; in other words, that the arrest was improper and that the person is innocent. At Jayne Law Group, we handle these petitions on a regular basis. In fact, just today, Julia Jayne won a Petition for Factual Innocence involving a Domestic Violence arrest.  The client's life changed today - no more stops at immigration, employment opportunities, and a chance to put that awful part of his lif...