Michael C. Hennenberg

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Ohio Criminal Law Blog

Do you need to report a crime?

You're watching white collar crime play out in your office, right under the company's nose, and no one else has any idea what's happening.You're not committing the crime yourself. It's a simple financial scheme to skim some money off of the top. One of your co-workers, who you've grown close with over the years, dreamed it up. They're fairly sick of the job, they don't feel respected and they finally decided to take that next step and "get what they deserve," as they put it. 

Silence is golden when facing fraud charges

If you work in the professional world, there are many ways that you might find yourself facing fraud charges. Our systems of commerce are complex, and even well-meaning individuals can violate laws or regulations without realizing it or intending any harm.

Fraud charges should never be taken lightly, especially by those who believe they are innocent. The first steps toward protecting your name and defending against the charges are building a strong legal defense and remaining silent about the matter.

Using laboratory testing to build a drug possession defense

Fighting drug charges is nothing to take lightly, even if it is a first time offense. You only need to look at statistics on the numbers of inmates in prison for non-violent drug offense to see how harshly the courts treat drug offenses.

If you or someone you love recently received drug charges, now is not the time to sit back and see what happens. It is quite the opposite. The longer that you wait to begin building your defense, the more time you give the prosecution to build a case against you unhindered, and the less time you have to review the evidence against you and fight it.

Federal Criminal Law: 11th Circuit's "Private Search Doctrine" of Computers Decision Follows 6th Circuit's Lichtenberger Decision

On December 1, 2015, the 11th Circuit issued its State v. Johnson, No. 14-12143 decision holding that law enforcement's review of any data or file not actually viewed by the private party exceeds the private search doctrine scope and violates the Fourth Amendment.

Federal Legislation Introduced to Address "Overcriminalization" By Codifying Criminal Intent Requirement

On the heels of the Sentencing Reform Act of 2015's introduction in early October aimed at reforming drug offenses mandatory minimums, last week both the United States House of Representatives and Senate introduced legislation to further address the Federal criminal code's "overcriminalization".

Cuyahoga County Court of Common Pleas Grand Juries Indicted over 11,000 individuals in 2014

According to Mark Gillispie's October 21, 2015 News Herald article entitled "An explanation of a grand jury panel", last year Cuyahoga County grand juries found that the prosecution had met its probable cause burden to indict over 11,000 individuals and that the prosecution had not met is burden to charge only 326 times.

Criminal Defense Attorneys Can Now Better Determine A Criminal Conviction's Immigration Consequences

On April 10, 2015, then-United States Attorney General Eric Holder executed an order, which precludes immigration judges from considering evidence outside of the record of conviction in order to determine whether a non-citizen was removable on the basis of a conviction for a "crime involving moral turpitude"

The Justice Department Will No Longer Provide Individuals Protection From Criminal or Civil Liability for Corporate Misconduct

On September 9, 2015, Deputy Attorney General Sally Yates issued a memorandum to all 93 United States Attorneys across the country advising that corporate investigations shall begin with a focus on individual misconduct and build out to the larger corporate misconduct.

United States District Court Judge Grants Rare Federal Conviction Expungement/Sealing Motion - Part II

As a follow up to our July 6th blog post in which we detailed United States District Court for the Eastern District of New York Judge John Gleeson's granting an Expungement/Sealing Motion, this post will focus on the United States Circuit Court of Appeals circuit split regarding Federal Courts' inherent power and ancillary jurisdiction to expunge criminal records.

United States District Court Judge Grants Rare Federal Conviction Expungement/Sealing Motion - Part I

On May 21, 2015, United States District Court for the Eastern District of New York Judge John Gleeson granted the Expungement/Sealing Motion of a Haitian immigrant, mother of four, who's been unable to maintain employment as a result of her 2002, 18 U.S.C. ยง 1347, Health Care Fraud, conviction.

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