Bachner & Associates, P.C. - Attorneys At Law

In The News
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Securities
[07/18] Microsoft 4Q profit rises, Web ad business rocky
[07/18] IBM 2Q profit soars on services strength
[07/18] Economic worries loom over Google's 2Q earnings
[07/18] Citigroup posts $2.5B loss, but beats expectations
[07/18] Freddie Mac takes step toward issuing stock
[07/18] AMD shares fall after CEO steps down, weak 2Q
[07/18] Republic Services rejects Waste Management offer
[07/17] TD Ameritrade's 3Q net income up 29 percent
[07/16] Schwab 2Q profit up 1 percent on fees, trading
[07/15] GM to cut salaried workers, production, dividend
More...

White Collar Crime
[07/18] Former Tenn. state senator convicted in corruption
[07/17] Auction rate probe hits Wachovia
[07/17] McDonald's Nev. franchisee to pay $1 million fine
[07/16] Ex-Samsung boss avoids prison
[07/15] Court finds Mitsubishi executives guilty
[07/10] SKorean prosecutors seek 7 years for Lee
[07/09] EADS executive detained in trading probe
[07/07] Judge won't hear fen-phen settlement fraud retrial
[07/07] Fed, SEC complete information-sharing pact
[07/03] Judge in Ky. gives panel 1 day in fen-phen trial
More...

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Case Summaries


White Collar Crime

[07/18] US v. Johnson
Defendant's sentence for fraud and conspiracy is affirmed where: 1) defendant made a knowing and intelligent waiver of his right to counsel; 2) the district court is not required to review every sentencing factor in a checklist fashion in arriving at a sentence; and 3) defendant did not present evidence sufficient to rebut the presumption of reasonableness that attached to his within-Guidelines sentence.

[07/18] US v. Finnerty
In a securities-fraud case, judgment setting aside jury's guilty verdict is affirmed where defendant's conducting of "interpositioning" trades was not deceptive or misleading.

[07/17] US v. Squibb
Convictions for mail and wire fraud and conspiracy are affirmed where the jury was presented with sufficient evidence to find that the defendant was aware of the fraudulent nature of her husband's pyramid scheme.

[07/16] US v. Adcock
A conviction for wire fraud, theft of government funds, submitting false documents, and making a false statement is affirmed over claims the evidence on the wire fraud counts was insufficient as: 1) it did not demonstrate that he acted knowingly or intentionally to defraud HACC; and 2) the government failed to prove that he "knowingly caused" a wire transmission. The sentence and restitution order are also affirmed over claims that the amount of loss calculation was erroneous for purposes of both the Guidelines and restitution order.

[07/10] US v. Whitehill
Convictions and sentences for conspiracy to commit wire and telemarketing fraud, aiding and abetting wire and telemarketing fraud, and aiding and abetting money laundering are affirmed over claims of error regarding: 1) jury instruction on willful blindness; 2) a refusal of defendant's theory of defense instruction; 3) imposition of sentence enhancements based on a preponderance of the evidence standard; and 4) a refusal to grant a new trial based on the government's failure to disclose exculpatory materials.
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Bachner & Associates represents clients in Manhattan, the Bronx, Queens, Staten Island, and Brooklyn, throughout the states of New York and New Jersey, nationwide, and internationally. Our attorneys have handled legal matters in Dallas, Houston, Miami, and Atlanta, and other cities across the U.S., as well as in London, Dublin, Milan, the Channel Islands, and other worldwide locations.


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