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Criminal Law
| NUNC PRO TUNC PROCEEDINGS |
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| If a judgment or a sentence in a criminal proceeding is not properly entered in a trial court's record, the trial court may retroactively enter the judgment or the sentence. Such a proceeding is called a nunc pro tunc proceeding. The only limitations on the nunc pro tunc proceeding is that a new trial must not have been granted, the judgment must not have been arrested, or an appeal must not have been filed.
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| Expungement |
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| One can clean up a criminal record by expunging or sealing their criminal records. Expungement is the sealing of criminal records so that they may not be publicly available. It is basically the equivalent of erasing one's criminal record. One can petition the court to expunge their criminal record. Expungement may apply to convictions and arrests.
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| FEDERAL STRIKE FORCES |
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| United States Attorneys' offices have federal strike forces. Such strike forces are called Organized Crime Strike Force Units (OCSFUS). The OCSFUS are responsible for supervising and prosecuting cases against criminal enterprises that operate in or that affect the United States. The Attorney General's Organized Crime Council identifies those criminal enterprises. The terms "organized crime" refer to criminal groups that engage in repeated illegal activities over an extended period of time within the United States.
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| Customs Fraud and Evasion Practices |
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| Double invoicing is a procedure in which the importer and foreign exporter agree to divide the per-unit cost between two invoices. Only one invoice is presented at entry. The second invoice for the balance is forwarded to the importer, either before or after entry, and is paid separately. The customs officials are able to detect the improper value of goods listed on an invoice if they are well seasoned in their work. The double invoicing scheme will work if all of the documents are altered properly. More... |
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| Disclosure of Defendant and Attorney Overhearings with Respect to Electronic Communications |
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| An overhearing is when an individual believes that another has illegally overheard their communication. When a defendant believes that he has been illegally overheard, he may file a motion alleging that an unlawful act of electronic surveillance has been conducted. The defendant may request the disclosure of the electronic communication. The federal government may request that the trial court require the defendant to provide specific information regarding the disclosure of the electronic surveillance. The defendant may be required to provide the following information: More... |
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