Criminal Law
| Embezzlement of Government Property |
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| Embezzlement is defined as an improper fraudulent appropriation of property by a defendant to whom such property was entrusted. The defendant is entrusted with property if a fiduciary relationship exists between the defendant and the United States or a relationship exists in which the defendant has access and control over the government's property. More... |
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| Criminal Misapplication |
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| Criminal misapplication of funds of a financial institution is a federal crime. In order for the prosecution to be successful in a prosecution for criminal misapplication, it must show that a nexus existed between the misapplication and the defendant's status with the financial institution.
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| REQUESTS FOR JURY INSTRUCTIONS |
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| Both the prosecution and a defendant have a right to request that certain instructions be submitted to a jury when a trial court charges the jury. A request for the instructions must be made in writing and must be presented to the trial court prior to the trial court's charge to the jury. The request may also be dictated to a court reporter in the presence of the trial court and counsel for both parties. More... |
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| SUCCESSIVE FEDERAL HABEAS CORPUS PETITIONS |
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| When a state prisoner has previously filed a federal habeas corpus petition that has been denied on the merits, federal courts will generally not consider another petition or a successive petition that is filed by the prisoner. The rationale for this policy is that the federal habeas corpus process should not be abused. More... |
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| Criminal Forfeitures |
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| Criminal forfeiture actions are generally thought of as a quasi-criminal matter. Criminal forfeiture involves the literal forfeiture of the defendant's personal or real property. Probable cause must be shown to support the seizure of property subject to forfeiture. More... |
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