Entries tagged: criminal defense

New Treasury Efforts to Fight Money Laundering Through New York Real Estate

By: William McDonald, Esq.

Posted: January 25th, 2016

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To combat the scourge of money laundering from transnational criminal syndicates, the United States Treasury has issued new Geographic Targeting Orders (“GTOs”) to Manhattan and Miami Dade County requiring title insurance companies to reveal beneficial owners of entities purchasing real estate for cash. GTOs are directives with limited duration issued by the Secretary of Treasury […]

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Pay Your Attorney Now: Supreme Court Considers Legality of Seizing Untainted Money

By: William McDonald, Esq.

Posted: November 20th, 2015

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The headline is not just shameless attorney self-promotion, but in fact reflects sound advice to anyone or any company facing a government investigation.  More often than not, the U.S. Attorney’s Office seizes a defendant’s assets at the same time he is placed under arrest.  In these cases, the defendant not only finds himself under arrest […]

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DWI – To Blow or Not to Blow?

By: William McDonald, Esq.

Posted: October 20th, 2015

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Lately, it seems not a weekend goes by without another news story about a DWI crash into a house, or tragically, a fatality.  With such horrible trends continuing, law enforcement is sure to step up DWI prevention through checkpoints and aggressive policing. As a DWI defense attorney, I am always asked: “If I am arrested, […]

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Second Circuit Upholds Use of Undisclosed Third Party Software to Provide Probable Cause in Search Warrant

By: William McDonald, Esq.

Posted: July 15th, 2015

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While the crimes themselves are despicable, child pornography prosecutions often feature cutting-edge forensic investigation techniques and challenges that are applicable to a wide range of white collar crimes. On June 11, 2015, the United States Court of Appeals for the Second Circuit rejected a defendant’s challenge, and held that law enforcement may use third-party aggregating […]

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Best Practices for Internal Investigations

By: William McDonald, Esq.

Posted: June 22nd, 2015

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On May 19, 2015, Assistant Attorney General Leslie Caldwell, the leader of the Department of Justice’s (“DOJ”) Criminal Division, gave a speech offering companies “best practices” guidance for corporate internal investigations. Presently, the DOJ is guided by the nine factors outlined in Deputy Attorney General Mark Filip’s 2008 memo entitled “Principles of Federal Prosecution of […]

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New York Court of Appeals Rules that a Traffic Stop based upon a Police Officer’s Mistaken View of the Law is Constitutional

By: William McDonald, Esq.

Posted: April 20th, 2015

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New York State has long granted greater Fourth Amendment exclusionary rule protection to defendants under its holdings than federal courts have.  One example is found when a police officer in good faith bases a stop and search of a defendant upon a mistaken belief about the law.  Under the federal “good faith” exception, a mistaken […]

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GM Ignition Switch Investigation Shows Value of Competent Internal Investigation

By: William McDonald, Esq.

Posted: March 18th, 2015

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General Motors (“GM”), who faced a very public scandal in 2014 over ignition switch defects, now faces a large class-action multi-district lawsuit on behalf of individuals who suffered injury due to the alleged defect. When the scandal broke, GM hired outside counsel to investigate the ignition switch defect and GM’s delays in recalling vehicles.  The […]

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