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Arguing Loss Amount at Federal Counterfeiting Sentencings
Contents1 Introduction2 Challenging the Government’s Loss Calculation3 Distinguishing Between Actual and Intended Loss4 Challenging the Use of Retail Value5 Seeking a Downward Departure6 Variance Arguments Under 18 U.S.C. § 3553(a) Introduction Counterfeiting is a serious crime that can have major economic impacts. Under federal law, defendants convicted of counterfeiting face potentially lengthy prison sentences, […]
read moreHow Number of Victims Impacts Sentencing in Counterfeiting Cases
Contents1 How Number of Victims Impacts Sentencing in Counterfeiting Cases1.1 Trafficking in Counterfeit Goods or Services Law1.2 DOJ Reporting Guidelines1.3 Case Examples1.4 State Laws1.5 Defenses and Mitigating Factors1.6 The Bottom Line How Number of Victims Impacts Sentencing in Counterfeiting Cases Counterfeiting is a serious crime that impacts both companies and consumers. When people produce, sell, […]
read moreHow Abuse of Trust Enhancements Apply in Counterfeiting Cases
Contents1 How Abuse of Trust Enhancements Apply in Counterfeiting Cases1.1 What is Counterfeiting?1.2 How are Counterfeiting Cases Prosecuted?1.3 What is an Abuse of Trust Enhancement?1.4 Abuse of Trust Enhancements in Counterfeiting Cases1.4.1 Recent Abuse of Trust Cases1.5 Arguments Against Abuse of Trust Enhancements1.6 Conclusion How Abuse of Trust Enhancements Apply in Counterfeiting Cases Counterfeiting is […]
read moreFirst Sale Doctrine Defense in Counterfeiting Cases
Contents1 Using the First Sale Doctrine Defense in Counterfeiting Cases2 Overview of the First Sale Doctrine3 Using First Sale in Counterfeiting Cases4 Examples of First Sale Use in Counterfeiting Cases5 Using First Sale Requires Careful Proof6 Resources Using the First Sale Doctrine Defense in Counterfeiting Cases The first sale doctrine is an important defense that […]
read moreBusiness Debt Relief Options for Restaurants Struggling Due to COVID-19
Contents1 Business Debt Relief Options for Restaurants Struggling Due to COVID-191.1 Federal and State COVID-19 Business Relief Programs1.2 Loan Modifications from Lenders1.3 Chapter 11 Bankruptcy Protection1.4 Negotiating with Creditors1.5 Explore Rent Relief with Landlords1.6 Help from Community Supporters1.7 Stay Resilient and Hopeful1.7.1 References Business Debt Relief Options for Restaurants Struggling Due to COVID-19 The restaurant […]
read moreMeeting the Strict Federal Appeals Deadlines
Contents1 Meeting the Strict Federal Appeals Deadlines1.1 Why Deadlines Matter1.2 Calculating the Deadline1.3 Asking for an Extension1.4 The Notice of Appeal1.5 Filing the Record1.6 The Appellant’s Brief1.7 The Appellee’s Brief1.8 Your Reply1.9 Oral Arguments1.10 The Decision1.11 Takeaways Meeting the Strict Federal Appeals Deadlines Filing an appeal in federal court can be complicated, with strict deadlines […]
read moreGrounds for Appealing Your Federal Conviction or Sentence
Contents1 Grounds for Appealing Your Federal Conviction or Sentence1.1 Main Grounds for a Federal Appeal1.1.1 Errors in Legal Procedure1.1.2 Insufficient Evidence1.1.3 Unreasonable or Excessive Sentence1.1.4 Ineffective Assistance of Counsel1.1.5 Prosecutorial Misconduct1.1.6 New Exculpatory Evidence1.2 What’s the Standard of Review?1.3 What’s the Process for Filing a Federal Appeal?1.4 What Are Your Chances on Appeal?1.5 Should You […]
read moreGathering Evidence and Records for Your Federal Appeal
Contents1 Gathering Evidence and Records for Your Federal Appeal1.1 Why You Need to Gather Evidence and Records1.2 How to Get the District Court Records1.3 Gathering the Evidence and Exhibits1.4 Creating Appendices for the Evidence1.5 Including Evidence That Was Excluded1.6 Getting Transcripts of the Proceedings1.7 Creating Your Appendix Index1.8 Double Check You Have Everything1.9 Following […]
read moreGetting Help From a Federal Appeals Attorney
Contents1 Getting Help From a Federal Appeals Attorney1.1 Should You Appeal Your Federal Case?1.2 The Appeals Process1.3 Why Hire an Appeals Specialist?1.4 How Much Does a Federal Appeal Cost?1.5 Finding the Right Federal Appeals Lawyer1.6 About the Author1.7 Citations Getting Help From a Federal Appeals Attorney Filing an appeal after losing a federal case can […]
read moreHow the Bail Reform Act Impacts Sentencing in Counterfeiting Cases
How the Bail Reform Act Impacts Sentencing in Counterfeiting Cases The Bail Reform Act, passed by Congress in 1984, made some big changes to how bail works in federal criminal cases. One of the main things it did was give judges more power to consider someone’s dangerousness when deciding whether to let them out on […]
read moreArguing for Bail to Avoid Pre-Trial Incarceration in Counterfeiting Cases
Arguing for Bail to Avoid Pre-Trial Incarceration in Counterfeiting Cases Being charged with counterfeiting can lead to scary consequences, including pre-trial incarceration if bail is denied. However, there are strong arguments defendants and their attorneys can make to convince judges to grant bail instead of pre-trial detention. Judges have discretion in setting bail, but some […]
read moreUsing Sureties and Bonds to Secure Bail Release in Counterfeiting Cases
Contents1 Using Sureties and Bonds to Secure Bail Release in Counterfeiting Cases1.1 How Bail Bonds Work in Counterfeiting Cases1.2 Using Sureties to Secure Bail Release1.3 Weighing Pros and Cons of Bonds vs. Sureties1.4 The Bail Reform Movement1.5 The Bottom Line Using Sureties and Bonds to Secure Bail Release in Counterfeiting Cases When someone is arrested […]
read moreHow Pretrial Services Can Help Counterfeiting Defendants Get Bail
Contents1 How Pretrial Services Can Help Counterfeiting Defendants Get Bail1.1 What are Pretrial Services?1.2 How Pretrial Services Can Help with Bail1.2.1 Helping Defendants Afford Bail1.3 Supervision and Support for Released Defendants1.3.1 A Team on Your Side1.4 Getting the Most from Pretrial Services1.5 The Bottom Line1.6 References How Pretrial Services Can Help Counterfeiting Defendants Get […]
read moreAvoiding Bail Revocation and Sanctions in Federal Counterfeiting Cases
Contents1 Avoiding Bail Revocation and Sanctions in Federal Counterfeiting Cases1.1 The Basics of Federal Bail1.2 Typical Bail Revocation Triggers1.2.1 New Criminal Charges1.2.2 Drug/Alcohol Abuse1.2.3 Traveling Without Permission1.2.4 Missed Court Dates1.2.5 Losing Your Job1.2.6 Lying to Pretrial Services1.3 Strategies to Avoid Bail Revocation1.3.1 Know Your Conditions1.3.2 Communicate with Your Lawyer1.3.3 Request Modifications1.3.4 Check-in Regularly with Pretrial […]
read moreHow the Bail Reform Act Affects Plea Agreements and Cooperation
Contents1 How the Bail Reform Act Affects Plea Agreements and Cooperation1.1 The Key Parts of the Bail Reform Act1.2 How Pretrial Detention Pressures Defendants1.3 How Pretrial Detention Induces Cooperation1.4 Alternatives to Detention for Leverage1.5 Key Takeaways How the Bail Reform Act Affects Plea Agreements and Cooperation The Bail Reform Act, passed by Congress in 1984, […]
read moreHow FRE 404 Can Make or Break a Counterfeiting Case
Contents1 How FRE 404 Can Make or Break a Counterfeiting Case1.1 What is FRE 404?1.2 Why is 404 Important in Counterfeiting Cases?1.3 Common 404 Issues in Counterfeiting Trials1.4 When Can 404(b) Evidence Come In?1.5 Common Defense Arguments to Exclude 404(b) Evidence1.6 Proper Introduction of 404(b) Evidence1.7 Example of 404(b) Evidence in a Counterfeiting Case1.8 Conclusion […]
read moreUsing FRE 608 to Attack the Credibility of Witnesses in Counterfeiting Cases
Contents1 Using FRE 608 to Attack Credibility of Witnesses in Counterfeiting Cases1.1 What is FRE 608?1.1.1 Attacking Credibility with Opinion and Reputation Evidence1.1.2 Questioning the Witness About Specific Instances of Conduct1.2 Using FRE 608 Effectively in Counterfeiting Cases1.2.1 1. Forensic specialists1.2.2 2. Informants/cooperating witnesses1.2.3 3. Undercover agents1.3 Court Rulings on Using FRE 608 in Counterfeiting […]
read moreHow FRE 702 Impacts Expert Witnesses in Counterfeiting Trials
Contents1 How FRE 702 Impacts Expert Witnesses in Counterfeiting Trials1.1 Requirements for Admissibility Under FRE 7021.2 Qualifications of the Expert1.3 Relevance of the Testimony1.4 Reliability of the Testimony1.5 Recent Changes to FRE 7021.6 Preparing Experts to Meet FRE 702 Standards1.7 Common Defenses Regarding Expert Witnesses1.8 Conclusion How FRE 702 Impacts Expert Witnesses in Counterfeiting Trials […]
read moreAuthenticating Evidence Under FRE 901 in Counterfeiting Trials
Contents1 Authenticating Evidence in Counterfeiting Trials: What You Need to Know1.1 Why Authentication Matters1.2 What Does FRE 901 Require?1.3 Common Authentication Methods1.4 Common Authentication Pitfalls1.5 Developing an Authentication Strategy1.6 The Bottom Line Authenticating Evidence in Counterfeiting Trials: What You Need to Know Counterfeiting cases often rely heavily on documentary evidence to establish that an item […]
read moreBlocking Hearsay in Counterfeiting Trials Using FRE 801-807
Contents1 Blocking Hearsay in Counterfeiting Trials Using FRE 801-8071.1 Common Forms of Hearsay in Counterfeiting Cases1.2 Using FRE to Block Hearsay1.2.1 Object on Hearsay Grounds1.2.2 Attack Co-Conspirator Statements1.2.3 Exclude “Statements Against Interest”1.2.4 Object to Improper Authentication1.2.5 Invoke the Confrontation Clause1.3 Using FRE 807 to Admit Residual Hearsay1.4 Conclusion1.4.1 Citations Blocking Hearsay in Counterfeiting Trials Using […]
read moreHow FRE 1006 Allows Summaries as Evidence in Counterfeiting Trials
Contents1 How FRE 1006 Allows Summaries as Evidence in Counterfeiting Trials1.1 What FRE 1006 Actually Says1.2 When Summaries Can Be Used1.3 Why Summaries Are Useful in Counterfeiting Cases1.4 Defending Against Summaries1.5 Judges Carefully Assess Summaries1.6 Best Practices for Summaries1.7 The Bottom Line on FRE 10061.8 References How FRE 1006 Allows Summaries as Evidence in Counterfeiting […]
read moreAdmitting Exculpatory Statements Using FRE 803(3)
Contents1 Admitting Exculpatory Statements Using FRE 803(3)1.1 Overview of FRE 803(3)1.2 Using FRE 803(3) to Admit Exculpatory Statements1.3 Case Examples1.4 Practical Considerations Admitting Exculpatory Statements Using FRE 803(3) The Federal Rules of Evidence (FRE) contain various exceptions to the hearsay rule, which make certain out-of-court statements admissible despite being hearsay. One such exception is FRE […]
read moreUsing FRE 105 to Limit Evidence Admitted in Counterfeiting Trials
Contents1 Using FRE 105 to Limit Evidence Admitted in Counterfeiting Trials1.1 The Basis for Limiting Evidence Under FRE 1051.2 Key Evidentiary Issues in Counterfeiting Trials1.3 How Judges Apply FRE 105 in Counterfeiting Cases1.4 Defense Arguments to Exclude or Limit Evidence1.5 Prosecution Arguments to Admit Evidence1.6 Balancing Probative Value Against Prejudice1.7 Drafting Effective Limiting Jury […]
read moreUnderstanding FRE 501 Privileges in Federal Counterfeiting Cases
Contents1 Understanding FRE 501 Privileges in Federal Counterfeiting Cases1.1 Attorney-Client Privilege1.2 Marital Privileges1.3 Clergy-Penitent Privilege1.4 Doctor-Patient Privilege1.5 Fifth Amendment Privilege1.6 Journalist’s Privilege1.7 Accountant-Client Privilege1.8 Executive Privilege1.9 Waiver of Privileges1.10 Asserting Privileges1.11 Resolving Privilege Disputes1.12 Takeaways1.13 References Understanding FRE 501 Privileges in Federal Counterfeiting Cases Counterfeiting cases involve the production of fake currency, coins, stamps, trademarks, […]
read moreHow FRE 403 Balancing Tests Apply in Counterfeiting Trials
Contents1 How FRE 403 Balancing Tests Apply in Counterfeiting Trials1.1 What is FRE 403?1.2 Prejudicial Evidence in Counterfeiting Cases1.3 FRE 403’s Application in Counterfeiting Cases1.4 Prosecution Evidence Deemed More Probative Than Prejudicial1.5 Conclusion How FRE 403 Balancing Tests Apply in Counterfeiting Trials Counterfeiting cases often involve the use of evidence that may be prejudicial […]
read moreHow FRE 609 Allows Impeachment With Prior Convictions
Contents1 How FRE 609 Allows Impeachment With Prior Convictions1.1 When Prior Convictions Can Be Used1.2 How FRE 609 Gets Used in Court1.2.1 Requirements for Using Prior Convictions1.2.2 Strategic Uses of FRE 6091.3 What Types of Crimes Can Be Used?1.3.1 Crimes NOT Involving Deceit1.4 Impeaching Your Own Witness1.4.1 Example Cross-Examination Using Prior Convictions1.5 Balancing Probative […]
read moreBlocking Bad Acts Evidence Under FRE 404 in Counterfeiting Trials
Contents1 Blocking Bad Acts Evidence Under FRE 404 in Counterfeiting Trials1.1 File a Motion in Limine1.2 Argue the Evidence is Irrelevant1.3 Argue Unfair Prejudice1.4 Limit the Scope1.5 Request a Limiting Instruction1.6 Object at Trial1.7 Attack Credibility1.8 Introduce Rebuttal Evidence2 The Bottom Line Blocking Bad Acts Evidence Under FRE 404 in Counterfeiting Trials Evidence of prior […]
read moreHow to Obtain Exculpatory Evidence in a Counterfeiting Case
Contents1 How to Obtain Exculpatory Evidence in a Counterfeiting Case1.1 Understand What Exculpatory Evidence Is1.2 File a Discovery Motion1.3 Follow Up with the Prosecution1.4 Interview Prosecution Witnesses1.5 Hire a Private Investigator1.6 Request a Pretrial Hearing1.7 File a Motion to Compel1.8 Claim a Brady Violation1.9 Consult an Attorney How to Obtain Exculpatory Evidence in a […]
read moreHow Prosecutors Try to Admit Counterfeiting Evidence in Court
Contents1 How Prosecutors Try to Admit Counterfeiting Evidence in Court1.1 Using Expert Witnesses to Authenticate Evidence1.2 Using Circumstantial Evidence and Inferences1.3 Using Character or Prior Bad Acts as Evidence1.4 Introducing Hearsay Through Co-Conspirator Statements1.5 Admitting Duplicates and Summaries of Voluminous Evidence1.6 Overcoming Hearsay Objections With Business Records1.7 Conclusion How Prosecutors Try to Admit Counterfeiting Evidence […]
read moreExpert Witnesses That Can Save Counterfeiting Defendants
Contents1 Expert Witnesses: The Secret Weapon for Counterfeiting Defendants1.1 Challenging the Authenticity of Goods1.2 Questioning the Supply Chain1.3 Assessing the Quality of Counterfeits1.4 Questioning the Prosecution’s Experts1.5 Assessing the Market Impact1.6 Assessing the Defendant’s Intent1.7 Recommending Alternative Penalties2 How to Enlist Expert Witnesses Effectively3 The Bottom Line Expert Witnesses: The Secret Weapon for Counterfeiting Defendants […]
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