LATEST SUMMARIES

ADMINISTRATIVE LAW, CONTRACTS, SECURITIES LAW, TAX LAW
• JPMorgan Chase & Co. v. Comm'r of Internal Revenue

ASSET FORFEITURE, CRIMINAL LAW & PROCEDURE, EVIDENCE
• Stevens v. US

CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
• US v. Wallace

CRIMINAL LAW & PROCEDURE, EVIDENCE
• US v. Moore
• US v. Harris

LATEST SUMMARIES

ADMINISTRATIVE LAW, CONTRACTS, SECURITIES LAW, TAX LAW
JPMorgan Chase & Co. v. Comm'r of Internal Revenue, No. 07-3042
In a case involving the taxation of JPMorgan's income from swap transactions, a ruling that certain income deferrals it attempted were not proper and that JPMorgan's valuation methodology did not clearly reflect income, is affirmed where there was no error in a tax court's acceptance of the Commissioner's computations regarding the amounts of certain carve-outs. Read more...

ASSET FORFEITURE, CRIMINAL LAW & PROCEDURE, EVIDENCE
Stevens v. US, No. 08-1283
In proceedings arising from a criminal prosecution, denial of petitioner's motion to return property is affirmed where: 1) the government met its burden of showing that it was no longer in possession of the items seized; 2) there is no presumption of untruthfulness in a Fed. R. Crim. P. 41(g) proceeding; and 3) defendant may not challenge his conviction by way of a Rule 41(g) motion. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
US v. Wallace, No. 07-4052, 07-4053
A conviction and sentence for mail fraud and health-care fraud are affirmed over claims of error regarding: 1) the admission of evidence about fictitious miles as prejudicial; 2) the reasonableness of the sentence; and 3) the district court's overstating the loss to the Medicaid program. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE
US v. Moore, No. 07-3445
A conviction for possession of cocaine with intent to distribute and using a firearm in furtherance of a drug trafficking crime is affirmed over claims of error regarding: 1) admission of evidence of defendant's previous arrest, drug dealing and flight from police; 2) a determination that any danger of unfair prejudice did not outweigh substantially the probative value of the evidence; and 3) admission of evidence that defendant possessed a gun during the earlier arrest. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE
US v. Harris, No. 07-1315
Following a remand for a Franks hearing in a prosecution for possession of cocaine with intent to distribute, a finding that a warrant affidavit did not contain any recklessly made false statements which were material to the finding of probable cause and that probable cause existed for the search of the defendant's residence is affirmed where the district court did not abuse its discretion when it: 1) determined that it was not bound by the law of the case doctrine from reconsidering whether the statements in the warrant affidavit were materially false; and 2) denied defendant's motion for disclosure and production of a confidential informant. Read more...