Sentences with phrase «criminal prosecution based»

The CRA is therefore often successful in tax appeals before the Tax Court of Canada («TCC») even after a taxpayer has been acquitted in a criminal prosecution based on the same fact pattern.

Not exact matches

This assessment is based on observed criminal activities, investigations, and prosecutions of individuals exploiting other virtual currencies, such as e-Gold and WebMoney.
Ebo Hawkson reported from the court that a Senior State Attorney, Ms Sefakor Batsa, told the court on Tuesday that, based on section 54 of the criminal and other offences Act, 1960 (Act 30) the AG had filed a nolle prosequi not to continue with the prosecution.
In May 2007, federal prosecutors brought a criminal prosecution of Purdue Pharma, the Stamford, Connecticut - based maker of OxyContin.
In February 2012, the U.S. Court of Appeals for the Eleventh Circuit agreed, saying that because prosecutors could bring a criminal prosecution against him based on the contents of the decrypted files, the man «could not be compelled to decrypt the drives.»
For this reason, an acquittal or conviction in a prosecution for a specific crime under the laws of the United States shall bar a proceeding for criminal contempt, which is based upon the same act or omission and which arises under the provisions of this Act; and an acquittal or conviction in a proceeding for criminal contempt, which arises under the provisions of this Act, shall bar a prosecution for a specific crime under the laws of the United States based upon the same act or omission.
(7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or to an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, including a State, local or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any individual; [the law enforcement exemption]
We also call for an end to McCarthy - like threats of criminal prosecution against our colleagues based on innuendo and guilt by association, the harassment of scientists by politicians seeking distractions to avoid taking action, and the outright lies being spread about them.
We call for an end to McCarthy - like threats of criminal prosecution against our colleagues based on innuendo and guilt by association, the harassment of scientists by politicians seeking distractions to avoid taking action, and the outright lies being spread about them.
(I realise the crown prosecution were going for a verdict based on the criminal damage only)
Further, «We also call for an end to McCarthy - like threats of criminal prosecution against our colleagues based on innuendo and guilt by association, the harassment of scientists by politicians seeking distractions to avoid taking action, and the outright lies being spread about them.»
That will undermine litigation based upon records, particularly criminal prosecutions.
Unlike parental prosecutions, these proceedings are not criminal proceedings and are in no way issued to punish the child or parent — their intent is to provide support and assistance to the child and their family on an ongoing basis.
Persuaded California Attorney General that there was no basis for criminal charges against surgeon in case where initially prosecution was certain.
The process would have focused on the legality of the war, and the consequence for the innocent Iraqis; depending on the outcome, it might have formed the basis for a criminal prosecution.
That said, a review of the applications of the judges she named suggests that her appointments have been based on merit, not politics, and reflect a range of experience in criminal defense, criminal prosecution and civil practice.
(b) Proof that the defendant - licensee, or his or her employee or agent, demanded, was shown, and acted in reliance upon bona fide evidence in any transaction, employment, use, or permission forbidden by Section 25658, 25663, or 25665 shall be a defense to any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.
The Crown Prosecution Service will be reviewing criminal cases, however this can be time consuming as all convictions will be considered on a case by case basis.
During Law school, Nesko clerked at the Illinois Attorney General's Office, at their Criminal Enforcement, Special Prosecutions division; as in - house counsel's intern at Presence Health, and a number of Chicago based law firms.
The Oxford Economics report forecasts expenditure in criminal legal aid based on trends in rates of crime and prosecution.
There are, however, also concerns for the conduct of the public inquiry itself, as witnesses may be more reluctant to give frank and open evidence if they feel exposed to the risk of a criminal prosecution as a result, and they may refuse to give evidence or disclose documents on the basis of the privilege against self - incrimination.
How would I feel about a client seeing me breaking bread with the same prosecutor or cop who is trying to get my client locked up, particularly in instances where I feel the prosecution is based on false evidence, an effort to obtain a disproportionately severe sentence, or a law that I feel should be stricken or heavily decriminalized in the first place (e.g., I want the legalization of marijuana, prostitution, gambling, criminal libel and obscenity and the heavy decriminalization of all other drugs)?
In this regard, a civil - rights based approach treats sexual violence as a violation of the Criminal Code and human rights law, which allows for both criminal prosecution as well as civil lCriminal Code and human rights law, which allows for both criminal prosecution as well as civil lcriminal prosecution as well as civil lawsuits.
The request must be heard and decided by preference after notice is served on the professional member and the Director of Criminal and Penal Prosecutions, or any other authority responsible for the prosecution on which the request is based.
The law makes a distinction based on the enumerated ground of religion that has the effect of perpetuating disadvantage, and potential criminal prosecution, on the basis of stereotyping.
Furthermore, the Code is not designed or intended as a basis for civil liability or criminal prosecution.
There are legal precedents for war crimes prosecutions based on acts that were committed with recklessness, he added, and recklessness or negligence does not necessarily absolve someone of criminal responsibility under the United States military code.
The practice's recent representations include: (i) CONMEBOL in connection with U.S. criminal investigations and prosecutions into allegations of bribery and corruption in the international soccer world; (ii) the Special Committee of Banco BTG Pactual S.A. («BTG Pactual») in an internal investigation of alleged corruption involving its former CEO and other bank executives, in which we found no basis to support the allegations against the Bank and its employees; (iii) two of the largest construction companies in Brazil in potential civil and criminal investigations and litigation involving the Petrobras bribery scandal (Lava Jato), the largest corruption scandal in Latin American history, involving allegations of over $ 2.5 billion in bribes and kickbacks; (iv) the Government of Brazil in a corruption matter involving former senior government officials and multiple jurisdictions; (v) the General Manager of one of the largest energy companies in Central America in connection with allegations of bribery in Guatemala; (vi) a Mexican high - ranking executive for Wal - Mart Stores, Inc. in connection with DOJ and SEC FCPA investigations against Wal - Mart; (vii) a large Argentinean oil company and its owner, one of Argentina's wealthiest individuals, in connection with high - profile DOJ and SEC investigations involving alleged FCPA violations to secure an extension of oil rights in an Argentinean oilfield; (viii) the United State's largest chemical and industrial products companies in an internal investigation of alleged corruption involving its Mexican subsidiary; (ix) the Rosenthal family, one of the most prominent families in Central America, in a number of related criminal matters; and (x) a senior executive of one of Venezuela's largest engineering companies in DOJ investigations into corruption and money laundering involving PdVSA.
Powell gives a detailed account of the prosecution and imprisonment of individual executives of well - known firms such as Merrill Lynch based on creative new theories of criminal liability, following dubious prosecutorial conduct including the withholding of evidence favorable to the defense, so - called Brady violations.
Drafted detailed and fact based evidentiary documents that would ensure successful prosecution of criminal actions
Special Agent, Criminal Investigator AFOSI Detachment 305 — McChord AFB, WA (6/2001 — 8/2003) • Obtained prosecution of felony crimes, including a base dormitory arson incident, involving both military and DOD civilian personnel, by gathering and analyzing critical information and evidence along with sourced human intelligence • Leveraged liaison and collaboration skills by coordinating matters of mutual interest with local, state, and federal law enforcement agencies and increasing intra-agency information sharing avenues • Prepared quality comprehensive reports of investigation for Air Force commanders and authorities • Provided commanders with specialized CI support to force protection while deployed to Romania in support of OIF
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