Criminal Law Newsletters

Bank Fraud and Financial Institutions

Congress enacted a bank fraud statute as part of the Comprehensive Crime Control Act of 1984. The purpose of the bank fraud statute was to fill the gaps that existed with respect to fraud against federally chartered or insured institutions. Thereafter, other federal acts were passed to expand the scope and coverage of the bank fraud statute. Some of the other acts included the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, the Crime Control Act of 1990, and the Racketeering Influence and Corrupt Organizations Act.

Motion for an Acquittal

After a defendant is convicted, he may file a motion for an acquittal. An acquittal is a formal certification of innocence or a finding of not guilty. Typically, the basis for filing a motion for an acquittal is that the evidence does not support the verdict.

Plea Agreements Generally

When a defendant has been charged with a crime, it is his decision whether to enter a guilty or not guilty plea to the offense. Often times, a defendant enters a guilty plea based upon a plea agreement. Many prosecutors offer defendants plea agreements or bargains in order to ascertain a guilty plea from the defendant.

Search and Seizure – An Overview

The Fourth Amendment to the United States Constitution has been the subject of thousands of legal opinions. The Fourth Amendment guarantees that all people in the United States shall be free from unreasonable government searches. The Fourth Amendment provides: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

SEXUAL ASSAULT

A person commits the offense of sexual assault when he or she intentionally or knowingly and without another person’s consent causes the penetration of the anus or the female sexual organ of another person, causes the penetration of the mouth of the other person with a sexual organ, or causes the sexual organ of the other person to contact or to penetrate the mouth, anus, or sexual organ of the person or any other person.

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