Daily Dawns’ Post

Over the years, some have argued that Graham v. Connor's reasonableness standard (a three-prong approach— specifically the "severity of the crime") focuses on the underlying or initial crime, not the proximal criminal acts occurring during the arrest. I've often scratched my head when reviewing use-of-force investigations that don't expressly point out those additional crimes (i.e., resisting, assault, battery, terrorist threats, weapons violations). Not legal advice, but a recent 9th circuit case - Hart et al., v. City of Redwood City is informative: "It is true that analyzing the severity of crimes committed against the officers in a case like this ties this Graham factor almost inextricably to the immediate threat factor. But that is hardly surprising because many of the actions constituting an immediate threat to others are also crimes. If someone is actively murdering those around him, for example, he is both committing a serious crime and posing an immediate threat to anyone near him. The severity of the crime is thus very often related to or the cause of the heightened and immediate threat. See Lowry, 858 F.3d at 1258 (concluding that a suspect posed an immediate threat in part because he was in the process of committing burglary). This will often be the case unless, unlike here, the crime committed is temporally separate from the interaction with police. See Browder, 929 F.3d at 1136. Because the crimes Hart committed contributed to the immediacy of his threat to Officers Gomez and Velez, the second Graham factor does not weigh againstthe reasonableness of the use of force. See Ames v. King Cnty., Washington, 846 F.3d 340, 348–49 (9th Cir. 2017) (finding that the severity of the crime factor weighs in defendant’s favor when the crime, even if minor in nature, prolongs or exacerbates an ongoing emergency); Bernal v. Sacramento Cnty. Sheriff’s Dept., 73 F.4th 678, 692 (9th Cir. 2023) (same)." **Not legal advice - discuss with counsel prior to enacting any change to policy, procedure, or training*** https://lnkd.in/edzbse6G

Accusations of a criminal lifestyle can jeopardise a person's reputation, assets, and way of life. Learn how to best defend against such accusations today #ForensicAccounting https://lnkd.in/eJRYzsxn

Tips Tuesday - Ask the Questions By the questions we get asked, we play a pivotal role in preventing fraud, safeguarding the integrity of documents, and enhancing legal validity. BC Notaries Association #tipstuesday

What is the role of conveyancers in preventing property fraud? Property transactions can be prime targets for fraud, making up 70% of all fraud overall. Find out the most common types of fraud in property transactions, as well as the measures Lisa's Law takes to protect clients. More here: https://bit.ly/3WL6yWN

#WATCH | President #DonaldTrump is facing heightened concern as the deadline approaches for a half-billion-dollar bond in a fraud case. The situation underscores the complexities and challenges in legal matters, raising significant interest in the outcome. Stay tuned for further updates on this developing story. #DonaldTrump #LegalNews #FraudCase #LegalMatters #Update

Understanding Federal Fraud Charges: An Essential Overview Learning about federal fraud charges is crucial for anyone facing potential legal challenges. In our latest video, federal attorney Lana Manitta explains the differences between criminal and civil forfeiture and highlights key aspects of federal asset seizure. This is a vital opportunity to equip yourself with the knowledge needed to navigate these complex legal issues. Watch our video to learn more about federal fraud cases and how we can assist you in this process. https://lnkd.in/dw9kF_iQ

Can fraud claims really be settled? Essential reading for all fraud practitioners: #civilfraud #fraud #litigation

I commented this morning on CNBC's #SquawkOnTheStreet about the #SamBankman-Fried sentencing. Anchors #CarlQuintanilla, #SaraEisen and #WilfredFrost asked me to share why I predicted a 30-plus year sentence (the Judge imposed a 25-year sentence), compare the case to the #BernardMadoff prosecution and sentence, explain why I believe the defense argument regarding loss will fail, and evaluate the Government’s and defense performances at trial. I pointed out that the purpose of sentencing is both to punish #SamBankman-Fried and to send a deterrent message, particularly to what I characterized as a “#crypto-enamored generation that is paying close attention to what this Judge does … [and the message of there will be a long sentence if you commit fraud regardless, of what is the type of currency or what is the security.” I described the case as a “generational prosecution,” and that the Judge will protect the record for the inevitable appeal. I dismiss the defense argument about “no loss” because of anticipated compensation to investors as speculative, and how that argument would have been more compelling had #SamBankman-Fried made restitution rather than relying on the bankruptcy trustee to do so. Finally, as to trial strategy, whatever shot the defense may have had at trial ended when #SamBankman-Fried testified and the government strategically avoided the “rabbit hole of #crypto-complexities.” For me, it always is a treat to join the #CNBC team as this is now my 22nd year of commenting for the network, bringing my perspective as a former SEC Enforcement lawyer, former federal criminal prosecutor of securities and public corruption, and now 25-year defense-side lawyer.

Trump legal news brief: In reversal, Judge Engoron says Trump can’t give his own closing argument in fraud trial LINK: https://lnkd.in/eaxywfiH #TheLegalLowdown #InLitigationNews Please LIKE & REPOST

That very lie is a federal crime: Analyst lays out NY AG lawyer’s persuasive point against Trump. Former litigator and MSNBC legal analyst Lisa Rubin has been following closely along with ex-President Donald Trump's New York civil fraud trial for months, which began closing arguments Thursday, January 11. Ahead of the arguments, Rubin shared via X (formerly Twitter), "Kevin Wallace is about to begin for the Attorney General’s office. He says this is deja vu because all of the arguments have been made before. And the law of the case remains that the statements of financial condition were false and misleading for years." The legal analyst spoke with MSNBC's Chris Hayes about what she saw in the courtroom, suggesting she was impressed with remarks from one of the prosecutors. "One of the things I thought that was persuasive is at the end of his argument today Kevin Wallace, who's one of the lawyers for the attorney general's office, said we have a federal statute against federal for fraud," Rubin said. "If you submit a credit application to a bank and you lie on it, that is a federal crime punishable by up to 30 years in prison. And it doesn't matter whether the bank even grants you credit, that very lie is a federal crime. We don't necessitate in our legal system that there be a victim for that crime. And so to hear it doesn't matter that Deutsche Bank is somehow not identifying itself as a victim, what matters is the integrity of the marketplace and deterring people from doing this behavior. Because, of course if everybody could lie, then our markets would not be functional. And that's the argument they really tried to make." #TrumpIsACriminal #GOPLiesAboutEverything #BernieSanders #AOC #TakeDownTheCNP #EvangelicalIdiots #SoBaptistConventionIstheProblem #WallStAtTheExpenseOfMainSt https://lnkd.in/d2EumH65