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What is an Anders Brief

Appellate counsel’s opinion that there are no meritorious issues that can be raised in the appeal.  As such, must be honest and frank with the court regarding the merits, or lack of merit, of any case being litigated before the court. “If counsel finds his case to be wholly frivolous, after a conscientious examination of … Read More

White Collar Crimes

The penalties for white collar crimes include payment of heavy fines and restitution and long jail sentences

Money Laundering

If a defendant is convicted of any of the listed “specified unlawful activities” referred to in § 1956(c)(7) and §1957(f)(3), just about anything they do with the money they obtain as a result of the putative criminal activity can be considered money laundering (promoting, concealing, spending) under § 1956 and/or § 1957

Money Laundering

Money laundering involves an effort by a person or persons to conceal the existence, illegal source, or illegal application of income, and disguising that income to make it appear legitimate.

Beyond reasonable doubt

The government must prove beyond a reasonable doubt that each defendant had a ‘deliberate, knowing, specific intent to join the conspiracy

Criminal Conspiracy

The law is clear that mere presence at the scene of a crime or conspiratorial activity, or mere association with a co-conspirator, is not enough to establish a defendant’s knowing and intentional participation in criminal activity, even if the defendant is aware of the criminal activity

Conspiracy

A conspiracy is considered a separate and distinct offense from the underlying substantive offense contemplated by the conspiracy

Collateral Proceeding

A defendant may file a collateral proceeding trying to set aside his or her conviction based on, among other things, ineffective assistance of counsel, within 2-years of the conclusion of any direct appeal in a non-capital case, and 1-year in a capital case.

Criminal Appeals

Under Florida law a defendant has 30-days to file a direct appeal of his or her criminal conviction and sentence.

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