Bachner & Associates, P.C. - Attorneys At Law

In The News
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Securities
[10/08] Iceland struggles, abandons fixed exchange rate
[10/08] Bank of America to buy back $4.7B in securities
[10/08] Treasury to sell more debt to deal with borrowing
[10/08] Trading on both Russian stock markets halted
[10/08] Asian stocks plunge on fears of global recession
[10/08] Japan's Nikkei plunges 9.4 percent on crisis fears
[10/08] White House: AIG execs' retreat `despicable'
[10/07] Fed move boosts European stocks
[10/07] RBS's share price plunges 39 percent, amid turmoil
[10/07] Fed eyes plan to fund short-term business loans
More...

White Collar Crime
[10/08] Rezko sentencing date canceled as deal sought
[10/08] 2 former software executives charged with fraud
[10/08] Prosecutors conclude case against Stevens
[10/07] Man pleads guilty to fraud for phony asylum claims
[10/07] Prosecutors move to delay Rezko sentencing
[10/07] Stevens unplugged: a defiant, salty health nut
[10/06] Jury hears audio of Stevens fretting about inquiry
[10/06] Judge lets Stevens trial go on, considers mistrial
[10/03] Democrats question independence of prosecutor
[10/02] Former La. judge gets 10 years for corruption
More...

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Case Summaries


White Collar Crime

[10/03] US v. Dimitrov
Conviction for operating an unlicensed money transmitting business is affirmed where: 1) the statute at issue was not unconstitutionally vague despite not including knowledge of the licensing requirement as an element of the crime; and 2) the statute did not unconstitutionally delegate legislative authority to the states.

[10/01] US v. Phillips
Husband and wife's convictions for multiple counts of willingly making a false statement to a federal agency and immigration fraud are affirmed in part and reversed in part where: 1) defendants' conduct did not fall within the plain language of the immigration fraud statute, 18 U.S.C. section 1546(a); but 2) claims of insufficient evidence and that the court improperly admitted several significant documents are rejected.

[09/26] US v. Lazarenko
In a case of involving millions of dollars extorted and stolen by former Ukrainian Prime Minister Lazarenko, eight convictions are affirmed and six reversed where: 1) the indictment need not plead a violation of a specific foreign law; 2) wire transfers not part of the execution of the scheme in question could not support conviction for wire fraud under 18 U.S.C. sections 1343 or 1346; and 3) interstate transfer of stolen property under 18 U.S.C. section 2314 require direct tracing of the stolen proceeds, and evidence of a comingled account will not suffice.

[09/24] US v. Bhatia
In a wire fraud and money laundering case, interlocutory appeal of denial of a motion to dismiss is denied for lack of res judicata or collateral estoppel where the government did not assume control of prior civil litigation so was not in privity with plaintiffs from the prior litigation.

[09/23] US v. Cavins
Chiropractor's conviction for willfully attempting to evade and defeat payment of federal income tax is affirmed over claims that: 1) the indictment failed to charge and the government failed to prove a willful violation of 26 U.S.C. section 7201; 2) the district court erred in refusing to dismiss the indictment because Form 1040 returns for the 1992-1994 tax years failed to comply with the Paperwork Reduction Act; and 3) the admission of evidence that he failed to file income tax returns violated his Fifth Amendment rights.
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Bachner & Associates represents clients in Manhattan, the Bronx, Queens, Staten Island, and Brooklyn, throughout the states of New York and New Jersey, nationwide, and internationally. Our attorneys have handled legal matters in Dallas, Houston, Miami, and Atlanta, and other cities across the U.S., as well as in London, Dublin, Milan, the Channel Islands, and other worldwide locations.


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