Articles Posted in Federal Court

Gibson Guitars and The Lacey Act, 16 U.S.C. § 3372(a)(2)(B)(iii) Gibson Search Warrant? Feds with nothing better to do spent a lot of time and money drafting this Affidavit for Search Warrant. Somehow, I don’t feel any safer. UPDATE: “Gibson, fearing a bankrupting legal battle, settled and agreed to pay a $300,000 penalty to the U.S. Government.…

Federal Criminal Defense Source has supplied us with an Affidavit from Federal Law Enforcement that outlines how drug smugglers would obtain electronic key codes using the Vehicle Identification Numbers. They would then use the keys to open the trunk to stuff drugs in the trunk outside of the United States, and retrieve them from the…

Federal Defense Attorney just sent us news of a rare acquittal in a federal Pornography (18 U.S.C. § 2252) case involving a high profile and very experienced federal agent, Special Agent John Kuchta. We have removed the defendant’s name and publish almost the entire ruling below. UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDAFT. MYERS…

Florida Computer Crime Defense Attorney / Lawyer notes a Florida guy got a visit from the Feds, after a long distance wireless antenna was used to access his network on the 12th Floor of a Tampa Bay area condominium. The guy the Feds eventually busted was on a boat in the bay and was eventually indicted.…

Criminal Forfeiture Standard (A District Magistrate’s View) “18 U.S.C. §§ 981(a)(1)(C), 982(a)(5), and 28 U.S.C. § 2461(c) provide in pertinent part that any property, real or personal, which constitutes, or is derived from proceeds traceable to the charged offenses in this case are subject to forfeiture by the United States. For the property to be…

What About the Feds on Twitter? Most Twitter multimedia is handled by 3d party links. Twitter allows both public or private updates. On Twitter Direct messages are private and the sender can delete these messages. the feds noted that short URLs used to serve malicious links and code. Today we learned the feds will seek…

Author’s Comment: Your cell phone tells police a lot about you.A Judge recently provided written testimony about about the impact of the ECPA (Electronic Communications Privacy Act — that is a law that appears to be about anything but ensuring privacy of electronic communications). Title I of the ECPA 18 U.S.C.A. § 2510 allegedly protects…

“The sanctions: Defendant to be imprisoned for up to two years, or until he paid the attorneys’ fees and costs estimated to be a “significant amount.” Spoliation of Evidence in Cybercrimes Florida Cybercrime  Attorney has been researching sanctions for destruction of evidence, also known as Spoliation. The Sanctions: Defendant to Pay Attorneys’ Fees or Serve Two Years Imprisonment…

Weapons Found in Car Suppressed “movements towards the glove box did not justify a search based on officer safety” Florida Defense Attorney just received news of a Automobile Search and Seizure case where the defendant fled from police. The vehicle came to rest. The cop watched the defendant reaching towards the dashboard on the passenger side. Police ordered the…

Trafficking Counterfeit Electronics and Components Tampa Federal Criminal Defense Attorney in the Middle District of Florida has just obtained excerpts from a recent indictment for Conspiracy, Trafficking Counterfeit Goods, and Mail Fraud involving electronic components: “The devices are used in a variety of applications including consumer electronics, transportation, medical, spacecraft, and military. Counterfeit integrated circuits can result in product or…