Sentences with phrase «criminal prosecution under»

Charges are unlikely to be filed against average users who perform these actions, but programmers and organizations who create and distribute the tools to allow them to do so are at risk of criminal prosecution under the DMCA.

If someone causes an accident while texting, they are subject to criminal prosecution under New Mexico law, and can possibly be found guilty of manslaughter.

Representing one of two defendants in the White River (Indiana) fish kill case involving federal, state and class action claims seeking civil damages and penalties exceeding $ 50 million and federal criminal prosecution under the Clean Water Act.

The case will then be forwarded to the City Prosecutor or District Attorney's Office for final review and consideration of criminal prosecution under the full extent of the law, including, but not limited to paying a fine or imprisonment and / or both.

We have a very small number of staff, but they understand that the unauthorized distribution of client's files will result in severe criminal prosecution under existing Thai law.

Anyone who uses this information to commit a criminal act against another person is subject to criminal prosecution under New York State law.

Not exact matches

One reason: In 2012, the company paid a $ 3 billion fine to US authorities for various illegal marketing activities, but remained under investigation for fraudulent sales practices in China and elsewhere, and could have faced criminal prosecution, according to the lawsuit.

Sales could be prosecuted under the criminal accessory component of this law, though such prosecutions were rare, because the state's policy was meant to prevent birth - control clinics from operating in Connecticut.

It is the Commonwealth Director of Public Prosecutions (CDPP) which has the power to bring criminal indictments under the Act.

While we do not celebrate the criminal prosecution of Terry James, we laud District Attorney David Soares for investigating every assault at CDPC to ensure patients and staff are treated equally under the law.

By Section 270 of the Administration of Criminal Justice Act, a plea bargain agreement is allowed as in this case, wherein the first defendant has provided relevant information to aid the prosecution of this case... it appears to me that by the above provisions of the ACJA, under a plea bargain agreement, the appropriate sentence to be recommended should be within the appropriate range of punishment stipulated for the offence charged.

But under Mayor Bill de Blasio, the department doesn't call in the state Attorney General's Office or the feds to help with civil or criminal prosecution, or pursue civil cases through the city Law Department, Terrell says.

He argued that the police and Crown Prosecution Service should have obtained those emails, and once that material revealed Briscoe actions, they were under a duty, whatever Huhne's own position, «to investigate her likely criminal conduct», and he should not have to pay for that investigation.

The Court of Appeals ultimately ruled that «under the doctrine of separation of powers, courts lack the authority to compel the prosecution of criminal actions,» and that Carter exceeded his authority by demanding Soares proceed.

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.

A person willfully or recklessly violating this Emergency Order is also subject to criminal prosecution, which may result in fines under title 18, imprisonment of up to ten years, or both (49 U.S.C. 5124).

Indian publisher OMICS Publishing Group, who claims to publish around 200 scholarly journals, is suing the librarian for $ 1 billion and threatening him with criminal prosecution, which they claim under Indian law can result in up to three years in prison.

• Sections 239 (1), 239.1, and 239 (1.1) of the Income Tax Act • Sections 327 (1) and 327.1 of the Excise Tax Act • Sections 380 (Fraud), 462.31 (Laundering the proceeds of crime) or other indictable offences under the Criminal Code that may be applicable in a tax evasion prosecution.

Under the «Recommendations» section, criminal prosecution is immediately mentioned, stating «Because paid loot boxes in the examined video games are illegal, criminal prosecution should be undertaken if these loot boxes continue to be offered.

Allows privately funded industrial hemp research to be conducted in Hawaii under certain conditions; requires monitoring by department of public safety; requires reporting to county law enforcement; exempts argonomic data derived from research from public records disclosure; confers immunity from criminal prosecution for the research.

Allows privately funded industrial hemp research to be conducted in Hawaii under certain conditions; requires monitoring by department of public safety; requires reporting to county law enforcement; exempts agronomic data derived from research from public records disclosure; confers immunity from criminal prosecution for the research.

Allows private funded industrial hemp research to be conducted under certain conditions; requires monitoring by the DPS; requires reporting to the respective county law enforcement; exempts agronomic data derived from research from public records disclosure; confers immunity from criminal prosecution for the research.

At first sight, it appears odd to place a chapter on prosecution agreements under the heading «substantive criminal law» and it seems better placed near chapter 6 on negotiated justice.

And for Canada's 13 other jurisdictions, because they have very similar legislation, and are responsible for prosecutions under the Criminal Code, provincial and territorial Attorneys General should similarly be notified.

Colorado Springs Criminal Defense Attorney Sarah Christensen is a defense lawyer dedicated to defending individuals facing criminal prosecution or who are under investCriminal Defense Attorney Sarah Christensen is a defense lawyer dedicated to defending individuals facing criminal prosecution or who are under investcriminal prosecution or who are under investigation.

She has experience in handling investigations and prosecutions brought under a wide variety of federal criminal statutes, including banking fraud, health care fraud, bitcoin schemes, computer crimes, securities fraud, mail and wire fraud schemes, Ponzi schemes, insider trading, government contracting fraud, commercial bribery, Anti-Money-Laundering violations, and conspiracy offenses.

In recent decades — in a malevolent trend we call «the federalization of criminal law» — the federal government has continuously expanded its power, including the exercise of its ultimate domestic power — criminal prosecution and the taking of life and liberty under color of law.

Kelly Dawson, Criminal Trial Lawyers Association president and managing partner at Dawson Duckett Shaigec & Garcia Barristers in Edmonton, says he does «believe and accept that the Crown prosecution service is under - resourced and has been for some time,» though he says he can't comment to the severity of the issue.

«(C) any charge in a criminal prosecution brought under State law if the conduct underlying the charge would constitute a violation of section 2421A of title 18, United States Code, and promotion or facilitation of prostitution is illegal in the jurisdiction where the defendant's promotion or facilitation of prostitution was targeted.».

It was good practice for the prosecution when seeking to introduce evidence under the Criminal Justice Act 2003, 101 (1)(d) to provide full particulars of the convictions relied upon.

In a prosecution that has garnered steadily growing criticism since it's inception in 2008, two Russian art exhibit organizers were convicted today under the Russian Criminal Code section that sanctions «incitement of national, racial, or religious enmity.»

Generally speaking, a defense of others defense that justifies a use of force under criminal law will also not give rise to civil liability in a lawsuit for assault and battery as opposed to a criminal prosecution for it.

Officials were found in contempt under the previous administration, but there was no criminal prosecution (DOJ would have to prosecute, which they declined to do).

101 Incidents of ethical violations resulting in professional discipline and even criminal prosecution are on the rise.102 Faced with declining profit margins, firms have been accused of «overworking files» and overstaffing projects in an effort to increase billable hours.103 And they have bent the rules governing conflicts of interest.104 One survey indicated that one - third of the 30,000 clients interviewed felt dissatisfied with the representation they received from their attorneys, citing primarily a failure to communicate and inadequate attention given to their cases, suggesting that law firms are under pressure to increase their case loads without hiring new associates to staff them.105 The recent decline in professionalism is even further evidenced by a decline in pro bono commitment.106 Thus, new graduates face even heavier workloads, increased pressure to meet high billable requirements, and fewer pro bono opportunities.

If a suspect is not present in a state to be criminally prosecuted, then the options available to a state are (1) to toll the running of the statute of limitations while the suspect is outside the state to the extent permitted by the relevant state statute and the U.S. Constitution, (2) to bring a civil lawsuit against the suspect instead of a criminal prosecution, or (3) to seek extradition of the suspect, which must be granted under certain circumstances under the United State Constitution and reads as follows in the pertinent part:

The scheme for prosecution appeals under s 58 of the Criminal Justice Act 2003 is that proceedings in the court below stand adjourned pending the hearing of the appeal, and the ruling is to have no effect pending the outcome of the appeal.

This applies directly in the case of federal criminal prosecutions in the federal courts, and applies in state courts because it is incorporated to apply in state court cases through the due process clause of the Fourteenth Amendment to the Constitution of the United States under 20th century case law applying the «Selective Incorporation doctrine.»

Ms Proudlock also has experience of defending criminal cartel cases, having been part of the team that successfully defended the first contested Office of Fair Trading prosecution under the Enterprise Act 2002.

If the prosecution can prove that your witness intimidation was linked to gang activity you could be sentenced to 7 years to life in prison under the California criminal street gang enhancement.

No one seems to want to do this, so we regularly hear of criminals avoiding prosecution because the system is under too much strain.

Criminal investigations and prosecutions under the direction of the United States Attorney's Office, the Drug Enforcement Administration, the Securities and Exchange Commission, the Internal Revenue Service and the Department of Immigration and Customs Enforcement;

The Director of Public Prosecutions is responsible for prosecuting criminal offences under the Act.

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

We offer specialist criminal advice and representation to individuals facing a criminal investigation, interview under caution (PACE interview) or prosecution arising from:

Criminal investigations and prosecutions under the direction of the New Jersey Attorney General, which include the Office of the Insurance Fraud Prosecutor, the Board of Medical Examiners, and the New Jersey Board of Dentistry;

This was seized on by the Court of Appeal in Conn v Sunderland City Council [2007] EWCA Civ 1492, [2007] All ER (D) 99 (Nov) as establishing a requirement of a threshold akin to that applied by the Crown Prosecution Service when considering whether to prosecute under PHA 1997; and that therefore to mount a successful claim the behaviour amounting to harassment had to be tantamount to criminal.

The fact is that the war on drugs has been an abject failure: addicts are criminalized, public health suffers, criminal organizations profit, the young and marginalized are stigmatized and our courts grind to a halt under the weight of morality prosecutions.

Although prosecution of boiler room frauds has traditionally been the province of the SFO, the FSA has power under FSMA 2000 to undertake criminal investigations.

«The power of the prosecutor to stay public or private prosecutions under s. 579 of the Criminal Code has been described by the Supreme Court as one of the five «core elements of prosecutorial discretion» [Krieger v. Law Society (Alberta) 2002 SCC 65 at para. 46] that relate to whether a prosecution will be brought and what form a prosecution will take.

I have concluded that the exercise of the discretion to stay proceedings by front line prosecutors as agents for the Attorney General of Alberta and the federal Director of Public Prosecutions under s. 579 of the Criminal Code has become systemically unethical.