Aiding and abetting michigan law for booster

Because every state has its own schedule for enacting or amending laws and regulations, please be sure to discuss with your local provider if there are any recent changes in your state. Requirements for Foster Parents in Alabama Ala. A criminal history background information check will not be conducted on a current foster parent or household member of a foster family if an FBI and State criminal history background information check has already been conducted under other law.

Convictions for any of the following crimes shall make an individual unsuitable for licensure:. Requirements for Adoptive Parents in Alabama Ala. Code r. A criminal history background information check will not be conducted for a current adoptive parent or household member if an FBI and State criminal history background information check has already been conducted under other law.

No home can be approved where any adult member has been convicted of a crime at any time involving:. An exception is allowed when a household member has a criminal conviction involving robbery, burglary, or arson when there is evidence of rehabilitation. When a household member has a criminal conviction for a sex-related crime; serious intentional or negligent physical injury or death of any person; a crime against a child; or the manufacture, sale, distribution, use, or possession of controlled substances, an exception is made if there is evidence of rehabilitation and the following conditions exist:.

No exception is allowed when there is a criminal conviction involving a sex-related crime against a child, serious intentional reckless or negligent physical injury, or death of a child. Back to Top. Code Tit. This requirement applies to all individuals age 16 or older who are not recipients of services and who wish to reside with the applicant.

This requirement applies to each individual who, on or before April 10, In addition to the criminal history check, the department will review its child protection records and previous licensing records with respect to the applicant. For the purpose of determining whether the home of a relative meets the requirements for placement of a child, the department shall conduct a criminal background check from State and national criminal justice information available under ch.

Requirements for Adoptive Parents in Alaska Admin. The following information is from the Alaska Administrative Code. An agency shall conduct a home study for all applicants in the family being considered as an adoptive or guardianship home by the agency. The agency shall obtain the results of a check for a history of abuse, violence, or criminal background for all adults living in the home, and an evaluation shall be made of the suitability of the home in light of any finding of such history.

Except when placing a child under emergency conditions, an adoption or guardianship home may not be approved if a person in the prospective adoption or guardianship home has a disqualification described in 7 AAC An individual may be disqualified if:. The agency shall review the Alaska Sexual Offender Registry before placement of a child and shall make a check of local court records before placement or on the first day that the court is open following the placement of a child. The individual may be disqualified if he or she has been convicted of a barrier crime, as described in 7 AAC Requirements for Foster Parents in American Samoa Criminal background and registry checks are not addressed in statute or in regulation.

Requirements for Adoptive Parents in American Samoa Criminal background and registry checks are not addressed in statute or in regulation. Requirements for Foster Parents in Arizona Rev. Requirements for Adoptive Parents in Arizona Rev. Requirements for Foster Parents in Arkansas Ann. A child in the custody of the Department of Human Services shall not be placed in the home of any foster parent unless all household members age 18 and older, excluding children in foster care, have been checked with the Identification Bureau of the Department of Arkansas State Police for convictions of the offenses listed below.

In addition, a fingerprint-based criminal background check performed by the FBI in compliance with Federal law and regulation is required. A foster child in the custody of the department shall not be placed in the home of any foster parent if the criminal records check reveals a felony conviction for:.

Because of the serious nature of the offenses and the close relationship to the type of work that is to be performed, the following shall result in permanent disqualification:. Requirements for Adoptive Parents in Arkansas Ann. If a prospective adoptive parent has lived in a State for at least 6 years immediately prior to adoption, then only a Stateof-residence background check shall be required. If the Department of Human Services has responsibility for the child to be adopted, the home study shall include a national fingerprint-based criminal background check performed by the FBI on the prospective adoptive parents and all household members age 18 or older, excluding children in foster care.

A child maltreatment central registry check shall be required for all household members age 10 and older, excluding children in foster care, as a part of the home study, if such a registry is available in their State of residence. Additional national fingerprint-based criminal background checks performed by the FBI are not required for international adoptions as they are already a part of the requirements for adoption of the U.

A foster child in the custody of the department shall not be placed in the home of any adoptive parent if the criminal records check reveals a felony conviction for:. These offenses include:. Prior to granting a license to any individual to care for children, the department shall check the Child Abuse Central Index. The department shall not deny a license based upon a report from the Child Abuse Central Index unless child abuse or severe neglect is substantiated.

Requirements for Adoptive Parents in California Fam. The department or licensed adoption agency shall require each person filing an application for adoption to be fingerprinted and shall secure from an appropriate law enforcement agency any criminal record of that person to determine whether the person has ever been convicted of a crime other than a minor traffic violation.

The department or licensed adoption agency shall submit fingerprints and related information with any Federal-level criminal offender record requests to the Department of Justice. The Department of Justice shall forward the request to the FBI to obtain information as to the existence of a record of an out-of-State or Federal conviction or arrest or Federal crimes or arrests for which the person is free on bail pending trial or appeal. The criminal record, if any, shall be taken into consideration when evaluating the prospective adoptive parent, and an assessment of the effects of any criminal history on the ability of the adoptive parent to provide adequate and proper care and guidance to the child shall be included in the report to the court.

Under no circumstance shall an adoptive placement be approved when the prospective adoptive parent or any adult living in the home has either of the following:. Requirements for Foster Parents in Colorado Rev. In addition, the department shall contact the appropriate entity in each State in which the applicant or any adult residing in the home has resided within the preceding 5 years to determine whether the adult has been found to be responsible in a confirmed report of child abuse or neglect.

An investigation shall be conducted for any new resident adult added to the foster care home. The department shall not issue a license or certificate to operate a foster care home if the applicant or a person who resides with the applicant has been convicted of:. Requirements for Adoptive Parents in Colorado Rev. The department or the child-placing agency, as may be appropriate, shall report to the court any case in which a fingerprint-based criminal history record check reveals that the prospective adoptive parent or any adult residing in the home was convicted at any time of a felony or misdemeanor in one of the following areas:.

Requirements for Foster Parents in Connecticut Gen. When a criminal history records check is required, such check shall be requested from the State Police Bureau of Identification. The requesting party shall arrange for the fingerprinting of the individual or for conducting any other method of positive identification required by the State Police Bureau of Identification and, if a national criminal history records check is requested, by the FBI.

In regulation: The granting of a license or approval shall be denied if any member of the household of a foster family or prospective adoptive family:. Requirements for Adoptive Parents in Connecticut Gen. The commissioner also shall check the State child abuse registry for the name of the applicant and for the name of any person age 16 or older living in the household of the applicant.

Requirements for Foster Parents in Delaware Ann. Costs associated with obtaining the above information shall be borne by the State. All information required above shall be forwarded to the Department of Services for Children, Youth and Their Families DSCYF , which will assess the information and make a determination of suitability based upon the types of offenses, recency, record since the offenses, and responsibilities of the position that the individual is seeking to obtain.

DSCYF must exercise case-by-case judgment on the results. Persons convicted of a sexually related offense or other offenses against children shall be prohibited from foster care without consideration of other criteria. The prohibited offenses include:. The Adoption and Safe Families Act of prohibits individuals from becoming foster parents if they have the following felony convictions:. Requirements for Adoptive Parents in Delaware Ann.

All information required above shall be forwarded to DSCYF, which will assess the information and make a determination suitability based upon the types of offenses, recency, record since the offenses, and responsibilities of the position that the individual is seeking to obtain. Persons convicted of a sexually related offense or other offenses against children shall be prohibited from adopting without consideration of other criteria.

The Adoption and Safe Families Act of prohibits individuals from becoming adoptive parents if they have the following felony convictions:. In regulation: A criminal records check and a child protection registry check are required for a prospective foster parent Requirements for Adoptive Parents in District of Columbia Ann.

In regulation: A criminal background check and child abuse registry check are required for a prospective adoptive parent as part of the home study. Requirements for Foster Parents in Florida Ann. All members of the household of the person being considered and frequent visitors to the household also must be checked. A criminal history records check may include, but is not limited to, submission of fingerprints to the Department of Law Enforcement for processing and forwarding to the FBI for State and national criminal history information, and local criminal records checks through local law enforcement agencies.

The department may not place a child with a person other than a parent if the criminal history records check reveals that the person has been convicted of any felony that falls within any of the following categories:. The department may not place a child with a person other than a parent if the criminal history records check reveals that the person, within the previous 5 years, has been convicted of a felony that falls within any of the following categories:.

Requirements for Adoptive Parents in Florida Ann. No minor may be placed in a home in which there resides any person determined by the court to be a sexual predator or to have been convicted of any of the following offenses:. In regulation: Abuse hotline checks must be conducted on all adoptive applicants. For applicants who previously have been foster parents or have adopted in other States, abuse hotline checks must be completed in the previous State.

Abuse hotline checks must be current within 30 days of placement of an adoptive child in the home. Abuse hotline checks also must be conducted on all other household members who are age 12 or older. Criminal background checks through local, State, and Federal law enforcement agencies will be conducted on all persons age 12 or older residing in the prospective adoptive home. For applicants who have been foster parents or who have adopted in other States, local and State checks must be completed in the State of previous residence.

Juvenile delinquency checks must be conducted on all household members age 12 or older as a public record search. If this check reveals a juvenile justice record, this information must be addressed in the home study, and a determination must be made regarding possible impact on the adopted child. At that time, the applicants also must be referred to the adoption review committee. Requirements for Foster Parents in Georgia Ann.

If any such determinations were unsatisfactory, such homes shall not be used by the child welfare agency as foster care homes. In addition to any other requirement established by law, the submission of fingerprints shall be a prerequisite to the issuance of a license or authorization for the operation of a foster home or to serve as foster parents as provided in this article.

Evidence of a record of conviction of certain crimes shall result in an unsatisfactory determination. The crimes included are:. In regulation: A home study shall include the results of a criminal records check, as required by law, for each prospective foster parent and any adult residing in the home.

When the individuals in the home have not resided in this State for the 5 years preceding their application to foster, the agency shall require additional documentation available through the State child welfare agency in the State in which the applicant resided that the individuals are not listed on the child abuse and neglect registry. Requirements for Adoptive Parents in Georgia Ann. The petitioner shall submit his or her fingerprints to the Georgia Crime Information Center with the appropriate fee.

The center shall promptly transmit the fingerprints to the FBI for a search of bureau records and shall obtain an appropriate report. The Georgia Crime Information Center also shall promptly conduct a search of its records and any records to which it has access. The center shall notify the court in writing of the presence or absence of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check.

In regulation: The adoption home study shall include the results of a criminal records check, as required by law, for each prospective adoptive parent. When the individuals in the home have not resided in this State for the 5 years preceding their application to adopt, the agency shall require additional documentation available through the State child welfare agency in the State in which the applicant resided that the individuals are not listed on the child abuse and neglect registry.

Requirements for Foster Parents in Guam Ann. Requirements for Adoptive Parents in Guam Ann. Rules Tit. In regulation: The adoption home study conducted by the department shall include a police clearance from the place of current or previous residence.

Requirements for Foster Parents in Hawaii Rev. The department shall make a name inquiry into the criminal history records for the first 2 years of certification of a foster boarding home and annually or biennially thereafter and into the child abuse and neglect registry in accordance with departmental procedures, depending on the certification status of the home. Requirements for Adoptive Parents in Hawaii Rev. The criminal history check shall include information from the following:.

In regulation: All foster care applicants and other adult members of the household are required to complete a fingerprint-based criminal history and background check. An unconditional denial will be issued when the background reveals a conviction for a disqualifying crime:. The department will issue an unconditional denial for conviction of the following crimes within the previous 5 years:. In regulation: All persons applying to the department or petitioning the court to be an adoptive parent and all adults in the home, except stepparents applying for adoption of a stepchild, are required to complete a fingerprint-based criminal history and background check.

An unconditional denial shall be issued for any of the crimes listed above. Requirements for Foster Parents in Illinois Comp. A check of the Central Register is required to ascertain if the applicant has been determined to be a perpetrator in an indicated report of child abuse or neglect.

Persons who have a conviction shall not be automatically rejected as foster parents unless the offense is one listed below. If the applicant or any adult member of the household has been declared a sexually dangerous person or convicted of committing or attempting to commit one or more serious criminal offenses, this will serve as a bar to receiving a foster home license. The offenses may include:. If the applicant or any adult member of the household has been convicted of a serious criminal offense, he or she will be barred from receiving a foster home license unless all of the following requirements are met:.

Requirements for Adoptive Parents in Illinois Comp. The results of the criminal background check shall be provided to the court for its review. The court may, in its discretion, weigh the significance of the results of the criminal background check against the entirety of the background of the petitioners. In regulation: An adoptive home shall be licensed as a foster family home before placement of an unrelated child for adoption.

Requirements for Foster Parents in Indiana Ann. The department shall make a determination whether the subject of a national fingerprint-based criminal history check has a record of a conviction for a felony or a misdemeanor relating to the health and safety of a child. A criminal history check is required only at the time an application for a new license or the renewal of an existing license is submitted.

Requirements for Adoptive Parents in Indiana Ann. Before giving approval for placement of a child in a proposed adoptive home, a licensed child-placing agency or the department shall conduct a criminal history check as defined below concerning the proposed adoptive parent and any other person who is currently residing in the proposed adoptive home.

Requirements for Foster Parents in Iowa Ann. A prospective foster parent will not be licensed if he or she was convicted of any of the following felony offenses:. In regulation: Each foster parent applicant and anyone who is age 14 or older living in the home of the applicant shall be checked for records with:. Each foster parent applicant and any other adult living in the household also shall be checked for records on the child abuse registry of any State where the person has lived during the past 5 years.

Each foster parent applicant also shall be fingerprinted for a national criminal history check. Other adults living in the home may be fingerprinted if the department determines that a national criminal history check is warranted. If the applicant or anyone living in the home has a record of founded child abuse, a criminal conviction, or placement on the sex offender registry, the department shall not license the applicant as a foster family unless an evaluation determines that the abuse or criminal conviction does not warrant prohibition of license.

Requirements for Adoptive Parents in Iowa Ann. A prospective adoptive parent will not be approved if he or she was convicted of any of the following felony offenses:. In regulation: The certified adoption investigator shall submit record checks for each applicant and for any other adults living in the home of the applicant to determine whether they have founded child abuse reports or criminal convictions. If there is a record of founded child abuse or a criminal conviction for the applicant or any other adults living in the home of the applicant, the applicant shall not be approved as an adoptive family, unless an evaluation determines that the abuse or criminal conviction does not warrant prohibition of approval.

Requirements for Foster Parents in Kansas Ann. The secretary is authorized to conduct fingerprint-based national criminal history record checks to determine criminal history on persons residing, working, or regularly volunteering in a foster care home. Requirements for Adoptive Parents in Kansas Ann. The costs of making the assessment and report may be assessed as court costs.

Requirements for Foster Parents in Kentucky Rev. In regulation: An applicant and each adult member of the household shall submit to:. Prior to approval of an applicant, each adolescent member of the household shall submit to a child abuse or neglect check. A child abuse or neglect check shall identify the name of each applicant, adolescent member of the household, or adult member of the household who has been found to have:. An applicant shall not be approved if a criminal records check reveals that the applicant or adult member of the household has a:.

An application will be denied if a child abuse or neglect check reveals that the applicant, adolescent member of the household, or adult member of the household has been found to have:. Requirements for Adoptive Parents in Kentucky Rev.

Requirements for Foster Parents in Louisiana Rev. The Department of Social Services, Office of Community Services, shall investigate the background of each person who applies to be a foster parent. The office shall require each applicant and adult family member to provide fingerprints and such authorization as is necessary to conduct State and national criminal history record checks and to obtain any other information required to complete the investigation.

No child shall be newly placed in a foster home for temporary care, except for emergency placement, until it is determined that no adult living in such home has been convicted of or pled nolo contendere to a crime listed in Rev. The crimes listed include:. Each prospective adoptive parent shall submit a set of fingerprints to the State police. The department shall conduct a records check for validated complaints of child abuse or neglect in this or any other State in which either of the prospective adoptive parents has been domiciled since becoming an adult, involving either prospective adoptive parent.

No child shall be newly placed for adoption until it is determined that no adult living in such home has been convicted of or pled nolo contendere to a crime listed in the section above. The following information is from the Code of Maine Rules. At the time of initial application, the applicant shall undergo fingerprinting in order to allow the department to submit required fingerprint-based checks of national crime information databases.

At the time of initial or renewal application, the applicant shall submit releases signed by each adult member of the household and, at the discretion of the department, releases signed by any person who frequents the home who may have unsupervised access to the foster children. The releases will permit the department to request criminal history records from the Departments of Public Safety, State Police, Bureau of Identification, or other law enforcement agencies from any past or present residence, including out-of-State law enforcement agencies.

The department shall not grant a license to a person convicted of a felony involving:. The department shall not grant a license to a person convicted within the past 5 years of a felony involving:. An open child protective services case includes a pending disposition of an open report, a case open for assessment, or a case open for services. Requirements for Adoptive Parents in Maine Rev. The background check must include a screening for child abuse cases in the records of the department and criminal history record information obtained from the Maine Criminal Justice Information System and the FBI.

Each prospective parent who is not the biological parent of the child shall submit to having fingerprints taken. The State Police, upon receipt of the fingerprint card, may charge the court for the expenses incurred in processing State and national criminal history record checks. State and Federal criminal history record information may be used by the department for the purpose of screening prospective adoptive parents in determining whether the adoption is in the best interests of the child.

There is a rebuttable presumption that the petitioner would create a situation of jeopardy for the child if the adoption were granted, and the adoption is not in the best interests of the child if the court finds that the petitioner:. Requirements for Foster Parents in Maryland Fam.

As part of the application for a criminal history records check, the applicant shall submit a complete set of legible fingerprints. In regulation: The foster parent home study must include:. As part of the certification process, the agency shall review charges, investigations, convictions, or findings related to a crime of any household member of the foster parent to determine:.

Requirements for Adoptive Parents in Maryland Fam. In regulation: Before an adoptive home may be approved, an applicant and all household members age 18 or older shall apply for a criminal background investigation. After the home is approved, if other individuals who are age 18 or older come to live with the family, they shall apply for a criminal background investigation within 30 days of moving into the household.

The department may not approve or continue to approve as an adoptive home any home in which an adult in the household has been convicted of:. Before an adoptive home may be approved, an applicant and all household members age 18 or older shall consent to a child protective services clearance to determine if there is a prior indicated or unsubstantiated finding of abuse or neglect for any family or household member.

The department may not approve or continue to approve as an adoptive home any home in which an individual:. Requirements for Foster Parents in Massachusetts Gen. Laws Ch. This approval shall include criminal record information checks on all persons age 18 or older residing at the home. In regulation: Whenever an individual contacts the department for the purpose of applying to be a foster parent, the department shall conduct a criminal offender record investigation as part of the initial screening process on the individual s applying and household members age 14 and older.

A candidate for foster parent certification shall be ineligible if he or she has been convicted of or has any pending charges involving crimes listed in CMR Crimes on this list include, but are not limited to:. Requirements for Adoptive Parents in Massachusetts Gen. In regulation: Whenever an individual contacts the department for the purpose of applying to be a preadoptive parent, the department shall conduct a criminal offender record investigation as part of the initial screening process on the individual s applying and household members age 14 and older.

A candidate for preadoptive parent certification shall be ineligible if he or she has been convicted of or has any pending charges involving crimes listed in CMR Requirements for Foster Parents in Michigan Comp. Laws Ann. The applicant shall be required to submit his or her fingerprints for the investigation.

A person to whom a license has been issued shall report to the department within 3 business days after he or she, or an employee or other person over age 18 residing in the home, has been arraigned for one or more of the following crimes:. In regulation: An agency shall have a written assessment of all criminal convictions of prospective staff before hiring or assigning a person to a position covered by these rules. The assessment shall take into account the nature of the convictions, when the convictions occurred, and evidence of rehabilitation.

An agency shall, upon receipt of an application, initiate a records check of each applicant and each adult member of the household. The check shall include previous licenses, criminal convictions, and substantiated child abuse and neglect records.

Requirements for Adoptive Parents in Michigan Comp. The assessment shall indicate:. Requirements for Foster Parents in Minnesota Ann. Applicants can be permanently disqualified if they have been convicted of murder, manslaughter, spousal abuse, child abuse or neglect, aggravated robbery, kidnapping, prostitution, criminal sexual conduct, arson, drive-by shooting, harassment, or stalking.

Applicants are disqualified if:. Requirements for Adoptive Parents in Minnesota Ann. Each prospective adoptive parent must provide all addresses at which he or she and anyone in the household over age 13 has resided in the previous 5 years and disclose any names used previously. The agency shall immediately initiate a background study on each person over age 13 living in the home. A home study used to consider placement of any child on whose behalf title IV-E adoption assistance payments are to be made must not be approved if a background study reveals a felony conviction at any time for:.

On Nov. The courtroom security camera caught the whole thing. But when the prosecutor later tried the defendant for aggravated assault, the jury — after seeing the punch repeatedly and in slo-mo during the trial — found the defendant not guilty. The catch is that the law will not let a judge or the defense attorney tell the jury it has the right to find a defendant not guilty despite the law, despite the facts, or even despite what the sentence might be if the defendant is convicted.

And yet, jury nullification is as American as apple pie. Yehudi Manzano had a romance with a year old girl. Ultimately, he uploaded it to his personal cloud account. No one but Yehudi and the girl ever saw the video. But in a typical example of prosecutorial overreach, Yehudi was indicted for production of child porn, which carries a year mandatory minimum. The defense asked permission to tell the jurors about the year mandatory minimum and about their right of nullification. The government filed a petition for writ of mandamus — which is an order telling a subordinate court or official to do something it has refused to do — and last week the Second Circuit gave the U.

One judge on the panel, Barrington Parker, dissented:. This case presents the unusual circumstance where a conscientious jurist is confronted with a charging decision that, in his considered judgment, reflects an abuse of prosecutorial power. But he is not a piece of Steuben glass. Instead, witnessing what he perceived to be abuse, he pushed back.

I believe that most conscientious jurists would have done the same. I have no difficulty concluding that Judge Underhill was right to do so. Federal courts have authority under their supervisory powers to oversee the administration of criminal justice within federal courts. They should use these powers to see that the waters of justice are not polluted and to protect the integrity of the federal courts… Whether Judge Underhill went too far is debatable.

But because this case does not come close to meeting the exacting standards for mandamus, I respectfully dissent.. United States v. Manzano In re United States , U. Dec 18, Sentencing Law and Policy, Split Second Circuit panel grants feds request for mandamus to preclude a jury nullification instruction in child porn case involving year mandatory minimum Dec. Hartford Courant, U.

Andy Jackson was charged with distributing 50 grams or more or crack. The 5th Circuit soundly rejected that theory:. The 4th and 8th Circuits have already reached the same conclusion. No circuit has yet gone the other way. Jackso n , U.

The District of Columbia Circuit has become the latest in a line of courts of appeal to hold that a defendant claiming in a 28 U. If an STA motion is successful, the trial court must dismiss the indictment, but may do so with or without prejudice. Last week, the D. We acknowledge that a dismissal without prejudice forces the government to reindict the defendant in order to secure a conviction. The decision continues the emasculation of the STA.

Five other circuits have handed down similar holdings, the 3rd, 4th, 6th, 10th and 11th. McLendon , U. A detailed, well-reasoned page district court decision holding that a Hobbs Act offense is not a crime of violence has been appealed by the U. Attorney for the Northern District of California. Two months ago, a district court ruled that the Hobbs Act was not a crime of violence in the wake of Sessions v. Dimaya and United States v. Fear of future injury to property does not equate to fear of use of physical force against a person, the district court held.

This reasoning, if it spreads, could bring down Hobbs Act offenses as crimes of violence. Apparently, the government fears so, because last week, it appealed the decision to the 9th Circuit. This is not a bad development, because a circuit holding that the Hobbs Act is not a crime of violence would probably force a Supreme Court decision on the issue. Chea , U.

In what probably did not shock any inmate reader of this newsletter, the Dept. Although some of the factual misstatements and omissions we found in this review were arguably more significant than others, we believe that all of them taken together resulted in FISA applications that made it appear that the information supporting probable cause was stronger than was actually the case. If that is so, imagine how sloppy and conniving the FBI must be on run-of-the-mill search warrants, which seldom get much scrutiny from the judges who sign them.

The FBI says it will institute reforms, an announcement that will make everyone feel better. Meanwhile, you can continue to trust the agency as a thoroughly professional organization of highly-trained professionals dedicated to protecting you and your family, while scrupulously observing the civil rights of the accused.

PLN filed a cross-motion for partial summary judgment on its constitutional and 2 claims. Of course not. Never happen again. Prison Legal News v. Bureau of Prisons , U. The tide is slowly turning in favor of defendants for crack cocaine resentencings arising from Fair Sentencing Act FSA retroactivity, authorized a year ago minus five days in Section of the First Step Act.

A few weeks ago, the 4th Circuit held that eligibility for a sentence reduction depended on the amount of crack specified in the indictment, not what the court found at sentencing. Last week, the 8th Circuit reached a similar conclusion where the defendant had been charged with 50 grams of crack, but sentenced for kilos of powder. Back before the turn of the millennium, Maurice McDonald was charged with distributing more than 50 grams of crack, and convicted of distributing about 57 grams of cocaine base.

He was sentenced to life in prison, but that was cut to 30 years in a prior Guidelines 2-level reduction.

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In regulation: Each foster parent applicant and anyone who is age 14 or older living in the home of the applicant shall be checked for records with:. Each foster parent applicant and any other adult living in the household also shall be checked for records on the child abuse registry of any State where the person has lived during the past 5 years.

Each foster parent applicant also shall be fingerprinted for a national criminal history check. Other adults living in the home may be fingerprinted if the department determines that a national criminal history check is warranted. If the applicant or anyone living in the home has a record of founded child abuse, a criminal conviction, or placement on the sex offender registry, the department shall not license the applicant as a foster family unless an evaluation determines that the abuse or criminal conviction does not warrant prohibition of license.

Requirements for Adoptive Parents in Iowa Ann. A prospective adoptive parent will not be approved if he or she was convicted of any of the following felony offenses:. In regulation: The certified adoption investigator shall submit record checks for each applicant and for any other adults living in the home of the applicant to determine whether they have founded child abuse reports or criminal convictions.

If there is a record of founded child abuse or a criminal conviction for the applicant or any other adults living in the home of the applicant, the applicant shall not be approved as an adoptive family, unless an evaluation determines that the abuse or criminal conviction does not warrant prohibition of approval.

Requirements for Foster Parents in Kansas Ann. The secretary is authorized to conduct fingerprint-based national criminal history record checks to determine criminal history on persons residing, working, or regularly volunteering in a foster care home. Requirements for Adoptive Parents in Kansas Ann. The costs of making the assessment and report may be assessed as court costs. Requirements for Foster Parents in Kentucky Rev. In regulation: An applicant and each adult member of the household shall submit to:.

Prior to approval of an applicant, each adolescent member of the household shall submit to a child abuse or neglect check. A child abuse or neglect check shall identify the name of each applicant, adolescent member of the household, or adult member of the household who has been found to have:. An applicant shall not be approved if a criminal records check reveals that the applicant or adult member of the household has a:. An application will be denied if a child abuse or neglect check reveals that the applicant, adolescent member of the household, or adult member of the household has been found to have:.

Requirements for Adoptive Parents in Kentucky Rev. Requirements for Foster Parents in Louisiana Rev. The Department of Social Services, Office of Community Services, shall investigate the background of each person who applies to be a foster parent. The office shall require each applicant and adult family member to provide fingerprints and such authorization as is necessary to conduct State and national criminal history record checks and to obtain any other information required to complete the investigation.

No child shall be newly placed in a foster home for temporary care, except for emergency placement, until it is determined that no adult living in such home has been convicted of or pled nolo contendere to a crime listed in Rev. The crimes listed include:.

Each prospective adoptive parent shall submit a set of fingerprints to the State police. The department shall conduct a records check for validated complaints of child abuse or neglect in this or any other State in which either of the prospective adoptive parents has been domiciled since becoming an adult, involving either prospective adoptive parent. No child shall be newly placed for adoption until it is determined that no adult living in such home has been convicted of or pled nolo contendere to a crime listed in the section above.

The following information is from the Code of Maine Rules. At the time of initial application, the applicant shall undergo fingerprinting in order to allow the department to submit required fingerprint-based checks of national crime information databases.

At the time of initial or renewal application, the applicant shall submit releases signed by each adult member of the household and, at the discretion of the department, releases signed by any person who frequents the home who may have unsupervised access to the foster children.

The releases will permit the department to request criminal history records from the Departments of Public Safety, State Police, Bureau of Identification, or other law enforcement agencies from any past or present residence, including out-of-State law enforcement agencies.

The department shall not grant a license to a person convicted of a felony involving:. The department shall not grant a license to a person convicted within the past 5 years of a felony involving:. An open child protective services case includes a pending disposition of an open report, a case open for assessment, or a case open for services. Requirements for Adoptive Parents in Maine Rev. The background check must include a screening for child abuse cases in the records of the department and criminal history record information obtained from the Maine Criminal Justice Information System and the FBI.

Each prospective parent who is not the biological parent of the child shall submit to having fingerprints taken. The State Police, upon receipt of the fingerprint card, may charge the court for the expenses incurred in processing State and national criminal history record checks.

State and Federal criminal history record information may be used by the department for the purpose of screening prospective adoptive parents in determining whether the adoption is in the best interests of the child. There is a rebuttable presumption that the petitioner would create a situation of jeopardy for the child if the adoption were granted, and the adoption is not in the best interests of the child if the court finds that the petitioner:.

Requirements for Foster Parents in Maryland Fam. As part of the application for a criminal history records check, the applicant shall submit a complete set of legible fingerprints. In regulation: The foster parent home study must include:. As part of the certification process, the agency shall review charges, investigations, convictions, or findings related to a crime of any household member of the foster parent to determine:.

Requirements for Adoptive Parents in Maryland Fam. In regulation: Before an adoptive home may be approved, an applicant and all household members age 18 or older shall apply for a criminal background investigation. After the home is approved, if other individuals who are age 18 or older come to live with the family, they shall apply for a criminal background investigation within 30 days of moving into the household.

The department may not approve or continue to approve as an adoptive home any home in which an adult in the household has been convicted of:. Before an adoptive home may be approved, an applicant and all household members age 18 or older shall consent to a child protective services clearance to determine if there is a prior indicated or unsubstantiated finding of abuse or neglect for any family or household member.

The department may not approve or continue to approve as an adoptive home any home in which an individual:. Requirements for Foster Parents in Massachusetts Gen. Laws Ch. This approval shall include criminal record information checks on all persons age 18 or older residing at the home.

In regulation: Whenever an individual contacts the department for the purpose of applying to be a foster parent, the department shall conduct a criminal offender record investigation as part of the initial screening process on the individual s applying and household members age 14 and older. A candidate for foster parent certification shall be ineligible if he or she has been convicted of or has any pending charges involving crimes listed in CMR Crimes on this list include, but are not limited to:.

Requirements for Adoptive Parents in Massachusetts Gen. In regulation: Whenever an individual contacts the department for the purpose of applying to be a preadoptive parent, the department shall conduct a criminal offender record investigation as part of the initial screening process on the individual s applying and household members age 14 and older.

A candidate for preadoptive parent certification shall be ineligible if he or she has been convicted of or has any pending charges involving crimes listed in CMR Requirements for Foster Parents in Michigan Comp. Laws Ann. The applicant shall be required to submit his or her fingerprints for the investigation. A person to whom a license has been issued shall report to the department within 3 business days after he or she, or an employee or other person over age 18 residing in the home, has been arraigned for one or more of the following crimes:.

In regulation: An agency shall have a written assessment of all criminal convictions of prospective staff before hiring or assigning a person to a position covered by these rules. The assessment shall take into account the nature of the convictions, when the convictions occurred, and evidence of rehabilitation. An agency shall, upon receipt of an application, initiate a records check of each applicant and each adult member of the household.

The check shall include previous licenses, criminal convictions, and substantiated child abuse and neglect records. Requirements for Adoptive Parents in Michigan Comp. The assessment shall indicate:. Requirements for Foster Parents in Minnesota Ann. Applicants can be permanently disqualified if they have been convicted of murder, manslaughter, spousal abuse, child abuse or neglect, aggravated robbery, kidnapping, prostitution, criminal sexual conduct, arson, drive-by shooting, harassment, or stalking.

Applicants are disqualified if:. Requirements for Adoptive Parents in Minnesota Ann. Each prospective adoptive parent must provide all addresses at which he or she and anyone in the household over age 13 has resided in the previous 5 years and disclose any names used previously. The agency shall immediately initiate a background study on each person over age 13 living in the home. A home study used to consider placement of any child on whose behalf title IV-E adoption assistance payments are to be made must not be approved if a background study reveals a felony conviction at any time for:.

A home study must not be approved if a background study reveals a felony conviction within the past 5 years for:. Requirements for Foster Parents in Mississippi Ann. A prospective foster parent will be denied licensure if he or she has a criminal history of conviction or pending indictment of a crime, whether a misdemeanor or a felony, that bears upon his or her fitness to have responsibility for the safety and well-being of children.

All fees incurred in compliance with this section shall be borne by the individual or entity to which this law applies. In regulation: Law enforcement and child abuse central registry clearances shall be obtained for all adult household members, age 18 and older. The applicant, foster parent, and adult household members shall be free of conviction or indictment for, or involvement in the criminal offenses included, but not limited to, those listed above. Requirements for Adoptive Parents in Mississippi Ann.

The home study shall be considered by the court in determining whether the petitioner is a suitable parent for the child. In regulation: A central child abuse registry check is required for a prospective adoptive parent. Each prospective adoptive parent must disclose any criminal record or alleged criminal activity by signing a disclosure form. A routine check with the local law enforcement agencies both city and county in the current as well as the last place of residence will be a part of the adoption study.

Requirements for Foster Parents in Missouri Rev. The investigation also shall determine whether any person over age 17 residing in the home is listed on the child abuse and neglect registry. The total cost of fingerprinting required by this section may be paid by the State, including reimbursement of persons incurring fingerprinting costs under this section.

In regulation: All foster and relative care providers, prior to being granted licensure, approval, or certification status, shall submit to the division an application for background screening and investigation. The division shall conduct the background screening and investigation. Information obtained regarding harmful acts to a child is provided to local division staff that are responsible for completing the home study. Findings of harmful acts do not automatically preclude approval.

The relevance of the findings to child-caring responsibilities will be determined by division staff. Requirements for Adoptive Parents in Missouri Rev. In regulation: All adoptive parents, prior to being granted approval status, shall submit to the division an application for background screening and investigation. Requirements for Foster Parents in Montana Ann. Rule In regulation: For licensure as a youth foster home, a satisfactory criminal background, motor vehicle, and child and adult protective services check is required for each person living in the household.

A new applicant must submit a completed fingerprint card so that a fingerprint-based criminal records check can be requested. If a new applicant who has lived only in Montana cannot be successfully fingerprinted, a name-based criminal records check will be used.

If an applicant who has lived in States other than Montana cannot be successfully fingerprinted:. An annual name-based criminal records check and a motor vehicle check for licensed foster parents are required for relicensure. If an applicant has children, a child protective services check will be requested from all States in which he or she has lived since the birth date of his or her oldest child.

If an applicant does not have children, a child protective services check will be requested from all States in which he or she has lived in the previous 15 years. Requirements for Adoptive Parents in Montana Ann. The adoption study also may include a check of the youth court records of any person living in the prospective home. If applicable, the study must include an evaluation of the effect of a conviction, adjudication, or finding of substantiated abuse or neglect on the ability to care for a child.

Requirements for Foster Parents in Nebraska Rev. In regulation: Each household member, as appropriate, must be checked with the State central register of child protection cases, the Adult Protective Services central registry, the Sex Offenders Registry, and the FBI. The department shall deny licensure to any applicant currently charged, indicted, or convicted for any of the following crimes:. The department shall deny licensure to any applicant convicted in the past 5 years of any of the following crimes:.

Each household member age 13 or older must be cleared against the central register. The department shall deny licensure if any household member is identified as a perpetrator on the central register. Each household member age 18 or older must be cleared against the Adult Protective Services central registry. The department shall deny licensure if any household member is identified as a perpetrator on the Adult Protective Services central registry.

Requirements for Adoptive Parents in Nebraska Rev. An adoption decree shall not be issued until such records are on file with the court. The petitioner shall pay the cost of the national criminal history record information check and the check of the central register. Any adoptive home study required by this section shall be conducted by the department or a licensed child-placing agency at the expense of the petitioner or petitioners unless such expenses are waived by the department or licensed child-placing agency.

The department or licensed agency shall determine the fee or rate for the adoptive home study. The preplacement or postplacement adoptive home study shall be performed as prescribed in the rules and regulations of the department and shall include, at a minimum, an examination into the facts relating to the petitioner or petitioners as may be relevant to the propriety of such adoption.

Such rules and regulations shall require an adoptive home study to include a national criminal history record information check and a check of the central register for any history of the petitioner or petitioners of behavior injurious to or that may endanger the health or morals of a child.

Requirements for Foster Parents in Nevada Rev. For each applicant, the licensing authority shall conduct a child abuse and neglect screening of the person in every State in which the person has resided during the immediately preceding 5 years. In regulation: Any applicant who has been investigated by an agency that provides child welfare services and regarding whom a finding of substantiated abuse or neglect of a child has been made by that agency, or whose own children have been in foster care or otherwise placed outside of the home for the purpose of adoption or foster care, must be denied a license to operate a foster home.

A license will be denied if the applicant:. Requirements for Adoptive Parents in Nevada Rev. In regulation: The agency shall evaluate applicants to determine their suitability for becoming adoptive parents. Such an evaluation must include:. The background check shall consist of a fingerprint-based criminal record check of national crime information databases for the prospective foster parents and a central registry check for the prospective foster parents and all household members age 17 or older.

In regulation: The department may deny an application for or revoke a foster family care license if the applicants are the subject of a founded report of child abuse or neglect in New Hampshire or any other State. The department shall deny an application for a foster family care license if the applicant:.

The background check shall include both a criminal records check conducted by the New Hampshire State police and a search of the abuse and neglect registry maintained by the department. The court shall require a background check in all adoption proceedings initiated by the department or by another child-placing agency.

The background check shall consist of a fingerprint-based criminal record check of national crime information databases for all prospective adoptive parents and a central registry check for all prospective adoptive parents and any other adult living in the home. The central registry check shall include a check of the central registry of founded reports of child abuse and neglect and a check of the child abuse and neglect registries in any other State in which the prospective adoptive parent or other adult living in the home has resided in the preceding 5 years.

In regulation: The minimum requirements for acceptance of the adoptive parent applicants shall include:. If the division determines that an incident of child abuse or neglect by any household member has been substantiated, the application for licensure or renewal shall be denied. An exception may be made when it is determined that a foster child will not be endangered by remaining in the current foster home.

When the results reveal a criminal conviction, the agency shall examine the nature and seriousness of the crime and the date it occurred. The circumstances of the crime, social conditions, and any evidence of rehabilitation will be considered. The background checks shall be valid for 36 months. The cost of all criminal history record checks shall be paid by the prospective adoptive parent.

The records of the division regarding reports of child abuse or neglect shall be checked for the proposed adoptive parent and any household member age 18 or older for information that would raise a question of the suitability of the proposed adoptive parent or household member. The child abuse registry check shall be valid for 18 months.

A person shall not be eligible to adopt a child if that person or any adult residing in the household ever committed a crime that resulted in a conviction for:. The department shall conduct a background check and shall submit the fingerprints to the Department of Public Safety and the FBI for this purpose. In regulation: Abuse and neglect screens are conducted by licensing authority staff in order to identify those persons who pose a continuing threat of abuse or neglect to minors.

An applicant shall be considered an unreasonable risk when he or she has:. The results of the Federal and State criminal records checks shall be sent to the department or a State agency authorized by law for such purposes. The department shall forward the results of the Federal and State criminal records checks to the requesting person and to the court if an adoption proceeding has been filed.

An application for certification or approval of a prospective foster parent shall be denied where a criminal history record reveals a conviction for:. A fingerprint-based check shall be made for any existing criminal history record of the applicant. A petition for certification as a qualified adoptive parent shall be denied where a criminal history record reveals:.

A fingerprint-based criminal history check must be conducted on all persons age 18 or older who reside in a licensed family foster home. The criminal history includes any county, State, and Federal conviction of a felony or pending felony indictment for:. The fingerprints of all persons will be used to check the criminal history records of the State Bureau of Investigation and the FBI.

The criminal history includes a county, State, or Federal conviction of a felony or a pending felony indictment for:. In regulation: The agency shall conduct a preplacement assessment of a prospective adoptive parent.

The assessment process must determine whether the individual has ever been a respondent in a domestic violence proceeding or a proceeding concerning a minor who was allegedly abused, neglected, dependent, undisciplined, or delinquent, and the outcome of the proceeding; whether the individual has been found to have abused or neglected a child or has been a respondent in a juvenile court proceeding that resulted in the removal of a child; or has had child protective services involvement that resulted in the removal of a child.

In regulation: A family foster care applicant, family foster care provider, or members of the family foster care home must not have been found guilty of, pled guilty to, or pled no contest to:. The department will not consider a claim that the individual has been sufficiently rehabilitated until any term of imprisonment, probation, or parole has elapsed without a subsequent charge or conviction.

In the case of a misdemeanor simple assault, the department may determine that the individual has been sufficiently rehabilitated if 15 years have elapsed after final discharge or release from any term of imprisonment, probation, or parole without subsequent conviction. A criminal background check is not specified as part of the certification. A criminal background check is not specified as part of the investigation. Requirements for Foster Parents in Ohio Rev. Code Ann. If any person cannot prove that he or she has resided in Ohio for the past 5 years, an FBI national records check will be requested.

Requirements for Adoptive Parents in Ohio Rev. Requirements for Foster Parents in Oklahoma Ann. A juvenile justice information system review is required for any child age 13 or older residing in a foster family home, other than the foster child, or who subsequently moves into the foster family home. In regulation: Criminal history investigations must be obtained from the Oklahoma State Bureau of Investigation and the appropriate agency in the previous State of residence if the individual has resided in Oklahoma less than 3 years.

The report must include a search of the sex offender registry and the child abuse registry. A confirmed or substantiated allegation of child abuse or neglect is considered when evaluating the qualifications of the applicant and the safety and well-being of the children in care.

Individuals who have pending charges or are convicted of or enter a plea of guilty or no contest to certain crimes cannot be licensed to care for children, live in a family child care home, provide care for children, be a substitute or assistant caregiver, or be on the premises when children are in care. Those crimes include:. Requirements for Adoptive Parents in Oklahoma Ann. For each adoptive parent or other household member age 18 or older who has not maintained continuous residency in the State for 5 years prior to the home study, a child abuse registry check shall be required from every other State in which the prospective adoptive parent or other adult household member has resided during that time.

In regulation: Reasons for denial may include, but are not limited to:. An application will be automatically denied for a felony conviction for any of the following offenses:. A felony conviction for physical assault, domestic abuse, battery, or a drug-related offense within the previous 5 years period will result in denial of the application unless special approval is obtained from the court.

The application is denied if the applicant has been convicted of a sex offense and subject to or married to or living with a person subject to the Oklahoma Sex Offenders Registration Act. Requirements for Foster Parents in Oregon Rev. In regulation: An individual may not be approved or certified as a relative caregiver or foster parent, and no exception may be granted, if he or she has been convicted of a felony crime that involves:.

A department manager is authorized to grant an exception when the applicant has been convicted of a crime other than one listed above, and it has been determined that the individual possesses the qualifications to be a relative caregiver or foster parent regardless of the criminal conviction.

Requirements for Adoptive Parents in Oregon Rev. In regulation: An individual may not be approved as an adoptive parent, and no exception may be granted, if he or she has been convicted of a felony crime that involves:. A department manager is authorized to grant an exception when the applicant has been convicted of a crime other than one listed above, and it has been determined that the individual possesses the qualifications to be an adoptive parent regardless of the criminal conviction.

Requirements for Foster Parents in Pennsylvania Cons. In no case shall an application for foster care be approved where the department has verified that the applicant is named in the central register as the perpetrator of a founded report of child abuse committed within the previous 5 years.

In no case shall a prospective foster parent be approved if any household member has been convicted of one or more of the following offenses:. Approval also shall be denied if a household member has been convicted of a felony drug-related offense in the previous 5 years. Requirements for Adoptive Parents in Pennsylvania Cons. In no case shall an application for adoption be approved where the department has verified that the applicant is named in the central register as the perpetrator of a founded report of child abuse committed within the previous 5 years.

In no case shall a prospective adoptive parent be approved if any household member has been convicted of one or more of the following offenses:. Laws Tit. The certification required shall be issued by the Puerto Rico Police. Police regulations may include the requirement of having applicants fill out a form with detailed personal information and providing their photograph and samples of their fingerprints.

A criminal record certificate of the prospective adoptive parent must accompany the adoption petition. Rules The Department of Children, Youth and Families shall apply to the Bureau of Criminal Identification of the State police or the local police department for a fingerprint-based nationwide criminal records check of prospective foster parents. No license shall be issued to any person seeking to be licensed as a foster parent until the result of both the nationwide and statewide criminal record background check are forwarded to the department.

In regulation: Offenses that constitute disqualifying information are listed in the Code of Rhode Island Rules and include:. Rules A fingerprint-based nationwide criminal records check is required for a prospective adoptive parent as part of the adoption home study. The director of the Department of Children, Youth and Families will determine by rules and regulations those items of information appearing on a criminal records check that constitute disqualifying information because that information would indicate the prospective adoptive parent could endanger the health or welfare of a child or children.

No child may be placed in foster care with a person:. In regulation: The following requirements shall be met prior to the issuance of a standard license to provide foster care:. In regulation: The following requirements shall be met prior to the approval of a preadoptive placement:.

In regulation: For those family foster home applicants seeking licensure from the department and those family foster homes licensed by the department, the department shall secure a criminal records check to detect convictions for:. The measure passed the House by voice vote in October. Last week, the bill was put on the Senate Calendar of Business under general orders the Calendar is a list of all measures, sequenced by order number, that are eligible for Senate floor consideration.

The bill bars the federal government and its contractors from asking about the criminal history of a job applicant prior to the extension of a conditional offer of employment. Early reports have the Bureau of Prisons telling many more prisoners they are ineligible than anticipated by the bill, and warning that program credits may not be awarded for several years. In July, the DOJ released data that dramatically highlighted the deficit in federal prison programming.

Reuters, Congress poised to pass bill lowering barriers to work for ex-offenders Dec. Jury nullification is like that crazy uncle no one ever talks about. A jury, of course, is told by the judge it must apply the law the facts that the jurors determine. On Nov. The courtroom security camera caught the whole thing. But when the prosecutor later tried the defendant for aggravated assault, the jury — after seeing the punch repeatedly and in slo-mo during the trial — found the defendant not guilty.

The catch is that the law will not let a judge or the defense attorney tell the jury it has the right to find a defendant not guilty despite the law, despite the facts, or even despite what the sentence might be if the defendant is convicted. And yet, jury nullification is as American as apple pie. Yehudi Manzano had a romance with a year old girl. Ultimately, he uploaded it to his personal cloud account. No one but Yehudi and the girl ever saw the video.

But in a typical example of prosecutorial overreach, Yehudi was indicted for production of child porn, which carries a year mandatory minimum. The defense asked permission to tell the jurors about the year mandatory minimum and about their right of nullification.

The government filed a petition for writ of mandamus — which is an order telling a subordinate court or official to do something it has refused to do — and last week the Second Circuit gave the U. One judge on the panel, Barrington Parker, dissented:. This case presents the unusual circumstance where a conscientious jurist is confronted with a charging decision that, in his considered judgment, reflects an abuse of prosecutorial power.

But he is not a piece of Steuben glass. Instead, witnessing what he perceived to be abuse, he pushed back. I believe that most conscientious jurists would have done the same. I have no difficulty concluding that Judge Underhill was right to do so. Federal courts have authority under their supervisory powers to oversee the administration of criminal justice within federal courts.

They should use these powers to see that the waters of justice are not polluted and to protect the integrity of the federal courts… Whether Judge Underhill went too far is debatable. But because this case does not come close to meeting the exacting standards for mandamus, I respectfully dissent.. United States v.

Manzano In re United States , U. Dec 18, Sentencing Law and Policy, Split Second Circuit panel grants feds request for mandamus to preclude a jury nullification instruction in child porn case involving year mandatory minimum Dec. Hartford Courant, U. Andy Jackson was charged with distributing 50 grams or more or crack.

The 5th Circuit soundly rejected that theory:. The 4th and 8th Circuits have already reached the same conclusion. No circuit has yet gone the other way. Jackso n , U. The District of Columbia Circuit has become the latest in a line of courts of appeal to hold that a defendant claiming in a 28 U.

If an STA motion is successful, the trial court must dismiss the indictment, but may do so with or without prejudice. Last week, the D. We acknowledge that a dismissal without prejudice forces the government to reindict the defendant in order to secure a conviction. The decision continues the emasculation of the STA. Five other circuits have handed down similar holdings, the 3rd, 4th, 6th, 10th and 11th.

McLendon , U. A detailed, well-reasoned page district court decision holding that a Hobbs Act offense is not a crime of violence has been appealed by the U. Attorney for the Northern District of California. Two months ago, a district court ruled that the Hobbs Act was not a crime of violence in the wake of Sessions v.

Dimaya and United States v. Fear of future injury to property does not equate to fear of use of physical force against a person, the district court held. This reasoning, if it spreads, could bring down Hobbs Act offenses as crimes of violence. Apparently, the government fears so, because last week, it appealed the decision to the 9th Circuit.

This is not a bad development, because a circuit holding that the Hobbs Act is not a crime of violence would probably force a Supreme Court decision on the issue. Chea , U. In what probably did not shock any inmate reader of this newsletter, the Dept. Although some of the factual misstatements and omissions we found in this review were arguably more significant than others, we believe that all of them taken together resulted in FISA applications that made it appear that the information supporting probable cause was stronger than was actually the case.

If that is so, imagine how sloppy and conniving the FBI must be on run-of-the-mill search warrants, which seldom get much scrutiny from the judges who sign them. The FBI says it will institute reforms, an announcement that will make everyone feel better. Meanwhile, you can continue to trust the agency as a thoroughly professional organization of highly-trained professionals dedicated to protecting you and your family, while scrupulously observing the civil rights of the accused.

PLN filed a cross-motion for partial summary judgment on its constitutional and 2 claims. Of course not.

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Further, Bank of America allegedly executed currency trades with Rusnak that were disguised loans. The Court held the complaint properly stated a claim for aiding and abetting fraud. Because, according to Bank of America, Parmalat owed no such duty to its stakeholders, there could have been no breach of fiduciary duty and thus no liability for aiding and abetting.

The court disagreed, holding that the complaint adequately had alleged that the bank aided insiders in breaching duties the insiders owed to Parmalat. According to plaintiffs, that transaction made Parmalat appear healthier and more creditworthy than, as Bank of America allegedly knew, Parmalat really was. These loans were secured by cash deposits made by an Irish Parmalat subsidiary in the entire amounts of their respective loans.

The Irish subsidiary obtained the funds through issuance of eight-year notes to institutional investors in the U. The fact that the loans were secured by cash put up by Parmalat was not disclosed publicly. Thus, the purchasers of the eight-year notes did not know they were contributing collateral for Bank of America loans.

In addition, the swap agreements were not actually swaps, according to the complaint: they specified no currency or interest rate exchanges and offered the counter-parties no ability to hedge. The complaint alleged the agreements were nothing more than a device for Parmalat to make illicit payments to Bank of America officials. Bank of America did not deny that the complaint sufficiently alleged that it aided and abetted actual breaches of fiduciary duty.

The court held that this argument was entirely beside the point: the complaint alleged the banks aided insiders in breaching duties the insiders owed to Parmalat. Aiding and abetting charges have been brought by one bank against another. In Rabobank Nederland v. The original lender, however, contended that because it did not owe the same fiduciary duties as the debtors, it could not face liability for aiding and abetting their breach of fiduciary duty.

The appellate court held this theory was erroneous because it essentially treated the cause of action identically to one for conspiracy, where a duty is owed directly by the defendant. In Neilson v. A common fact-pattern involves a bankrupt corporation that formerly operated as a fraudulent enterprise.

In bankruptcy, after ringleaders in upper management have been thrown out, the bankruptcy trustee not infrequently discovers that third-parties, such as suppliers, accountants or law firms, appeared to have facilitated the fraud. However, when the bankrupt corporation joined with a third party in defrauding its creditors, the trustee cannot recover against the third party for the damage to the creditors.

The availability of the in pari delicto defense in the case of creditors of a bankrupt estate depends upon the jurisdiction, with the Ninth Circuit, based on equitable considerations, restricting the defense, and the Second and Third Circuits, relying on their interpretation of Section of the Bankruptcy Code, giving the defense broad sway. Separate corporate entities in the same family of entities under common control or controlling one another may be alleged to be perpetrator and aider-abettor, respectively.

However, complexities arise when some affiliates are alleged to be primarily and others secondarily responsible. Philip A. Hunt Chemical Corp. Directors and officers of a company owe a fiduciary duty to the shareholders. Newmont Mining Corp.

That shareholder, if permitted, intended to acquire a sufficient share of the company to prevent the hostile tender offeror from acquiring a controlling share. Such directors and officers have a duty to disregard that personal risk. The entity pursuing the takeover must offer consideration to the company, not to officers at the company. In seeking to establish liability on the part of the greenmailers, shareholders have alleged that the corporate directors breached their fiduciary duty to shareholders by incurring harmful debt and by paying the price of a targeted stock repurchase.

This repurchase, which the court categorized as greenmail, was financed through increased borrowing. With the new combined borrowing, corporate debt rose to two-thirds of equity. In reviewing a lower court decision to issue an injunction, which, in effect, imposed a constructive trust on the profits of the repurchase, the court of appeals concluded that at the trial on the merits Steinberg could be held liable as an aider and abettor in the breach of fiduciary duty.

These facts suggested that Steinberg knew that the actual harm to shareholders exceeded the benefits. In Gilbert v. El Paso. Surprisingly, to outsiders, the conflict suddenly became amicable. Burlington and El Paso announced they had an agreement.

A new tender offer was announced at the same price, but for fewer shares. The agreement allegedly had the effect of reducing the amount of the participation from the first to the second offer, thus denying the shareholders the premium for all shares tendered under the first offer.

The court was able to infer that several conspiracy scenarios were possible. Offering terms that afford special consideration to board members is a clear path to aider-abettor liability. When terms hold value that inures exclusively, or even disproportionately, to officers and directors, courts have not found it difficult to infer the offeror knew it was inducing a breach of fiduciary duty to shareholders.

Based on Central Bank , it has been suggested that civil aiding and abetting liability under RICO appears to be traveling a path toward extinction. The Securities Act of and the Securities Exchange Act of both contain explicit savings clauses that preserve state authority with regard to securities matters.

The Texas Securities Act, for example, establishes both primary and secondary liability for securities violations. Post- Central Bank , much of the law of aider-abettor liability is developing in state courts, including under state securities statutes. This environment likely will produce a rich, and varied, body of decisional law.

In Boim v. Quranic Literacy Institute and Holy Land Foundation for Relief and Development , the court found that section can give rise to aiding and abetting liability because it provided for an express right of action for plaintiffs, and it was reasonable to infer that Congress intended to allow for aiding-abetting liability. In early , the U. District Court for the Southern District of New York ruled on a host of motions filed by defendants in In re Terrorist Attacks on September 11, , a multidistrict proceeding consolidating actions brought by victims and insurance carriers for injuries and losses arising from the September 11, terrorist attack.

Also late in , the U. Plaintiffs had alleged the bank had facilitated terrorism chiefly by 1 creating a death and dismemberment plan for the benefit of Palestinian terrorists, and 2 knowingly provided banking services to Hamas a designated terrorist organization and its fronts.

The court did conclude that for purposes of the Anti-Terrorism Act, allegations of recklessness would fall short of the statutory standard. The doctrine of civil liability for aiding and abetting warrants, and promises to receive, expansive treatment in the context of suits for personal injuries resulting from terrorism that has been assisted by its financiers and others facilitators. Tort liability expanded during the twentieth century in large part to provide a measure of civil deterrence for defendants regarded, in isolated instances, as having put the public at risk.

More generally, aiding and abetting liability is in the process of achieving broad acceptance as a doctrine uniquely suited to address wrongdoing that occurs in transactional matrices that as of the year frequently are of breathtaking complexity. As of this writing, the larger scandals temporarily have subsided though this may well be a temporary lull preceding the demise of one or two large hedge funds. The increase in well-considered decisional law is timely. Based on apparent trends in the number of reported decisions, aiding-abetting cases are increasing in frequency.

See Linde v. See generally Central Bank , U. Peoni, F. United States, U. Act of Mar. As such, under the Act, and under the law of most states, an accessory to a crime is subject to criminal liability even if the principal actor is acquitted. Standefer , U. See generally Bird v. Lynn, 10 B. Perkins, 83 Mass. Halberstam v. Welch, F. Unocal Corp. The three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court.

Neilson v. Union Bank of Cal. Beck v. Prupis, U. Pittman by Pittman v. Grayson, F. Neilson , F. See Halbertstam , F. Applied Equipment Corp. Litton Saudi Arabia Ltd. See Wells Fargo Bank v. Superior Court, 33 Cal. Young, P. Burr, No. Chase Manhattan Bank, N. Bechina, N. Bacon, N. Tobacco Co. Cheshire Sanitation, Inc. Hill, N. Carter Lumber Co. March 22, ; Joseph v. Temple-Inland Forest Prods.

Life Ins. Steinberg, A. Textile Corp. In re Centennial Textiles, Inc. Mahlum, P. Mahoney, S. Leahey Constr. Harding, P. Maurice, C. April 7, ; Future Group, II v. Nationsbank, S. United Am. Bank of Memphis, 21 F. LeMaster v. Estate of Hough ex rel. Berkeley County Sheriff, S. Brown, N. Courts in three other states have held that the viability of such claims remains an open question. See Unity House, Inc. Lehman Bros. Allen, S. Central Bank , U. Realty Mgt.

Partnership v. Heritage Sav. Fauque, P. See generally Ronald M. It shall be unlawful for any person, directly or indirectly. See Robert S. C ORP. L AW , See, e. Perfectune, Inc. Cornfeld, F. Dressed Beef Co. Rosenberg, F.

American Solar King Corp. Fenex, Inc. Moore v. Frost, U. Seafirst Corp. Diamanthuset, Inc. Wheeler, F. The only court not to have squarely recognized aiding and abetting in private section 10 b actions prior to Central Bank did so in an action brought by the SEC, see Dirks v. SEC , F. See Zoelsch v. Brennan v. Midwestern United Life Ins. Zatkin v. Primuth, F. Resnick v. Sandusky Land, Ltd.

Uniplan Groups, Inc. Ohio Brennan , F. In statutes such as the Commodity Exchange Act, 7 U. In contrast, in connection with Securities Exchange Act violations, it had neither in nor since employed express language to impose such liability. Central Bank, U. LTV Corp. The Court observed that on the other hand there were policy arguments in favor of aiding and abetting liability. While commentators, supported by abundant evidence, have identified Central Bank as one factor leading to the encouragement, during the s, of misconduct by accountants and other players in the financial industry, e.

P ROBS. Daniel L. See Shapiro v. Cantor, F. Wright v. Shareholders Litig. DeLeon, supra note 30, at citing Knapp v. Ernst Whinney, 90 F. Appel, F. DeLeon, supra note 30, at citing SEC v. Fehn, 97 F. Wright , F. Home-stake Prod. In re Ikon Office Solutions, Inc. Hochfelder, U. Infinity Group Co. In re Software Toolworks, Inc.

See Brockett, supra note 51, at Unicredito Italiano SpA v. Morgan Chase Bank, F. West Fin. Fiol v. Doellstedt, 58 Cal. Superior Ct. See Conley v. Gibson, U. United Parcel Service, F. See generally In re Parmalat Sec.

Unocal , F. In re AHT Corp. Woodward v. Metro Bank of Dallas, F. Ronald A. Brown, Jr. See generally Javitch v. First Montauk Financial Corp. Dema, F. Barnett Banks of Ft. Lau- derdale, F. Rolf v. May 22, , cert. Leahey , F. Dealy, F. Dubai Islamic Bank v. Citibank N. Bank v. Primavera Familienstiftung v. Askin, F. See generally Feela v.

Israel, F. Resolution Trust Corp. Farmer, F. See City of Atascadero v. See Tew v. Diamanthusel, Inc. First Montauk Fin. See In re WorldCom, Inc. Commodity Futures Trading Corp. Sidoti, F. Abbott v. Equity Group, Inc. Accessories, Inc. Fishman, F.

Ryan v. There, it was alleged that a reinsurer assisted the perpetrators in deceiving investors by issuing reinsurance subject to a hidden indemnity owed to it by the insured. Diamond State Ins. Unicredito , F. Rolf , F.

Crowe v. Henry, 43 F. Cohen, A. Liberty Sav. Bank, FSB v. Webb Crane Serv. July 27, Bonilla v. Trebol Motors Corp. Partners, L. Wedbush Morgan Sec. See S. See Calcutti v. SBU, Inc. Austin v. Kaufman v. Cohen, N. See McDaniel v. Pepsi-Cola Bottling Co. McDaniel , F. Cromer Finance Ltd. Specifically, the updated definition under the law reads:. The statute was once again updated in , at which time 18 U.

Section became 18 U. Section 2 a. This updated law makes it clear that someone who aids and abets the commission of a crime will be punished as though he or she did commit the crime. To convict someone of aiding and abetting a crime, the prosecutor must prove certain elements.

In a federal case, those elements include:. To gain a conviction, a jury must be convinced that the elements of aiding and abetting are present, beyond a reasonable doubt. In truth, once the prosecution establishes that the defendant knew about the crime, or the unlawful purpose of some element, it has made sufficient connection for the jury to convict.

Both aiding and abetting, and acting as an accessory to a crime, are illegal acts. Specific laws regarding these actions vary by jurisdiction , and the definitions overlap in some ways, leading to their interchangeable use. There are differences between aiding and abetting, and accessory, however. To be convicted of this type of crime, however, the prosecution must prove that the accomplice knew that a crime was being, or had been, committed by the principal.

The primary difference between aiding and abetting or being an accessory to a crime and a conspiracy is whether or not the crime was actually committed. While the former are charges imposed after the crime has been committed — naming a third party who helped in some way to facilitate or cover up the crime — someone can be charged with conspiracy , even if the crime never happened.

This is not to say that anyone who daydreams up a crime can be charged with conspiracy. If, however, two or more people collaborate on how to commit a specific crime, coming up with plans to carry it out, they have conspired to commit that crime. Should something happen to prevent them from engaging that plan, they still have committed the crime of conspiracy.

Armand, an executive assistant at a finance firm, knows that his boss keeps certain passwords and login information in a notebook in his desk drawer. He befriends Letti, who he knows has no problem doing things that are morally questionable.

Another employee overhears Armand and Letti talking over lunch on the patio, and mentions it to management, who calls the police. A quiet investigation ensued, with police interviewing witnesses, and viewing surveillance video of the pair talking frequently. Both Armand and Letti are then taken into custody, and charged with conspiracy to commit the crime — even though the actual crime was never completed.

One of the men, Daniel Wilkins, was mocking the other, Donald Rose, saying he had not proven himself as a gang member. As Rose headed into an area controlled by two Blood gangs enemies of the East Coast Crips , a California Highway Patrol officer pulled over a car that was both speeding and driving recklessly. The officer took the driver of the car to jail, leaving the passenger William Dabbs at the scene.

Apparently unable to drive the car, Dabbs walked to a pay phone to call his cousin for a ride. During the brief conversation, the cousin heard the phone suddenly drop, then he heard a fight, which ended with two gun shots. Dabbs died soon after from his injuries.