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United States of America v. Luis et al

RESPONSE in Opposition re Corrected MOTION for Release of Funds for the Defense of the Related Criminal Case

46 Cited authorities

  1. Wheat v. United States

    486 U.S. 153 (1988)   Cited 2,378 times   10 Legal Analyses
    Holding in multiple-representation cases, a district court must help protect criminal defendants against counsel’s conflict of interest

  2. Morris v. Slappy

    461 U.S. 1 (1983)   Cited 2,258 times
    Holding that Sixth Amendment right to counsel does not guarantee "meaningful relationship" with counsel

  3. Baxter v. Palmigiano

    425 U.S. 308 (1976)   Cited 2,606 times   8 Legal Analyses
    Holding that a party’s refusal to testify in response to probative evidence offered against it in a civil action permits an adverse inference

  4. Caplin Drysdale, Chartered v. United States

    491 U.S. 617 (1989)   Cited 920 times   12 Legal Analyses
    Holding the requirements for third-party standing satisfied even when there was no hindrance preventing individuals from bringing their own constitutional claims

  5. Leis v. Flynt

    439 U.S. 438 (1979)   Cited 344 times
    Holding that out-of-state attorneys did not have a federal constitutional right to appear pro hac vice in Ohio court

  6. U.S. v. Kaley

    579 F.3d 1246 (11th Cir. 2009)   Cited 216 times
    Holding that our precedent is binding unless it is contradicted by a decision that is "clearly on point" from either the Supreme Court or this Court sitting en banc

  7. U.S. Securities Exchange v. the Infinity GP

    212 F.3d 180 (3d Cir. 2000)   Cited 204 times
    Holding defendant sold investment contracts when it substituted new investors' money for real investment return on old investors' funds

  8. S.E.C. v. Cherif

    933 F.2d 403 (7th Cir. 1991)   Cited 253 times
    Holding provisions of the Securities Exchange Act of 1934 construed to authorize the court to grant equitable relief necessary to effectuate the purposes of the Act, see 15 U.S.C. § 78u(d), (e), do not authorize the freeze on the assets of a non-party who has not been accused of violating any securities laws

  9. United States v. DBB, Inc.

    180 F.3d 1277 (11th Cir. 1999)   Cited 179 times
    Recognizing that "[t]he starting point for all statutory interpretation is the language of the statute itself," but enumerating further principles of interpretation, including "look[ing] beyond the plain language of a statute . . . to determine the congressional intent if: the statute's language is ambiguous; applying according to its plain meaning would lead to an absurd result; or there is clear evidence of contrary legislative intent."

  10. U.S. v. Garey

    540 F.3d 1253 (11th Cir. 2008)   Cited 137 times   2 Legal Analyses
    In Garey, an uncooperative defendant "adamantly and knowingly" rejected counsel but also refused to affirmatively invoke his right to self-representation.

  11. Section 371 - Conspiracy to commit offense or to defraud United States

    18 U.S.C. § 371   Cited 21,468 times   139 Legal Analyses
    Requiring proof of an "act to effect the object of the conspiracy"

  12. Section 853 - Criminal forfeitures

    21 U.S.C. § 853   Cited 8,373 times   40 Legal Analyses
    Adopting same standard as § 1963( l )

  13. Section 1349 - Attempt and conspiracy

    18 U.S.C. § 1349   Cited 5,140 times   40 Legal Analyses
    Criminalizing "[a]ny person who attempts or conspires to commit any offense under this chapter"

  14. Section 1347 - Health care fraud

    18 U.S.C. § 1347   Cited 1,880 times   49 Legal Analyses
    Aiding and abetting and health-care fraud for Patient L

  15. Section 331 - Prohibited acts

    21 U.S.C. § 331   Cited 1,513 times   105 Legal Analyses
    Prohibiting the sale of adulterated foods

  16. Section 1320a-7b - Criminal penalties for acts involving Federal health care programs

    42 U.S.C. § 1320a-7b   Cited 1,445 times   314 Legal Analyses
    Prohibiting the solicitation or receipt of "remuneration" in exchange for referrals

  17. Section 1963 - Criminal penalties

    18 U.S.C. § 1963   Cited 1,317 times   8 Legal Analyses
    Permitting substitution where property forfeitable under § 1963 has been dissipated

  18. Section 1345 - Injunctions against fraud

    18 U.S.C. § 1345   Cited 220 times   19 Legal Analyses
    Authorizing "the Attorney General" to "commence a civil action in any Federal court to enjoin violation"

  19. Section 24 - Definitions relating to Federal health care offense

    18 U.S.C. § 24   Cited 170 times   12 Legal Analyses
    Defining a "health care benefit program" for purposes of § 669

  20. Section 1131 - Criminal penalties

    29 U.S.C. § 1131   Cited 139 times   4 Legal Analyses

    (a) Any person who willfully violates any provision of part 1 of this subtitle, or any regulation or order issued under any such provision, shall upon conviction be fined not more than $100,000 or imprisoned not more than 10 years, or both; except that in the case of such violation by a person not an individual, the fine imposed upon such person shall be a fine not exceeding $500,000. (b) Any person that violates section 1149 of this title shall upon conviction be imprisoned not more than 10 years