Eastern District of California Blog

Press Coverage Of EDCA U.S. Attorney Ben Wagner

With the JP Morgan Chase potential $13 billion settlement in the news, the Sacramento Bee, 10/25/13 and Bloomberg News, 10/27/13 have run recent profiles of EDCA U.S. Attorney Ben Wagner.

State Marijuana Charges Dismissed After EDCA Indictment

Pennsylvania state court marijuana charges were dismissed after EDCA federal prosecutors indicted the same four defendants on conspiracy to distribute at least 100 kilograms of marijuana and related charges.  Observer-Reporter, 10/25/13.

Some Recent EDCA Sentences

The Fresno pro se defendant convicted by jury trial of pimping an underage girl was sentenced to 50 years imprisonment.  Fresno Bee, 10/28/13.

Mark Wolok was sentenced to five years imprisonment for his role in a viaticals investment fraud, according to a DOJ press release.

A federal inmate was sentenced to 15 additional years in prison for his conviction for assaulting another inmate at FCI Herlong.  Seattle PI, 10/24/13.

Ninth Circuit Exhibit Spotlights Books Banned In U.S. Prisons

While in the Ninth Circuit courthouse in San Francisco last month to argue an appeal, I bumped into the court's small library exhibit entitled "Locked Out: A Sampling of Books Banned in U.S. Prisons."  Its list of books that have been banned in one or more prisons includes James Joyce's "Ulysses," D.H. Lawrence's "Lady Chatterley's Lover," and the Bible.  The Supermax federal prison in Florence, Colorado banned president Obama's "Audacity of Hope" and "Dreams from my Father." The photo below lists the passages the Warden deemed "potentially detrimental to national security."  The ban was ultimately rescinded. 

California Defends Its Treatment Of Mentally Ill Inmates

Here's the lede from the Sacramento Bee on yesterday's hearing in the Coleman v. Brown case:

The state launched its defense Tuesday of its handling of mentally ill inmates, with a psychiatrist from the California State Prison at Corcoran testifying that the use of pepper spray and prolonged restraint of prisoners is sometimes necessary to save an inmate’s life.

Judges Give California Another Month To Meet Prison Reduction Deadline

The federal 3-judge panel gave Gov. Jerry Brown another month--until February 24, 2014--to cut California prison's population by about 9,600 inmates to meet its prison overcrowding order.  LA Times, 10/21/13.

Sacramento County Ordered To Pay Attorney Fees In Excessive Force Jail Suit

A federal judge has ordered Sacramento County to pay an attorney $197,505 in fees after a jury awarded the attorney’s two clients $1 each on their claims that they endured excessive force while inmates at the county’s downtown jail.

Sacramento Bee, 10/21/13

Nuts & Bolts Guide To Federal Rule Of Criminal Procedure 29

Here's the latest version of my Nuts & Bolts Guide To Federal Rule of Criminal Procedure 29 for criminal defense attorneys practicing in the Ninth Circuit. 

For those outside the Ninth Circuit, here's a Nuts & Bolts Guide to Rule 29 (National Edition) with less emphasis on Ninth Circuit law and more cites from other circuits.

Will JP Morgan Chase Face EDCA Criminal Charges?

Yesterday, the New York Times reported that JPMorgan Chase has reached a tentative $13 billion settlement with the Department of Justice to resolve a variety of civil federal and state investigations over its mortgage practices involving the sale of subprime loans.  The article notes, however, that the settlement would not "save JPMorgan from a parallel criminal inquiry from federal prosecutors in California," according to its sources.  The settlement requires the bank "to assist prosecutors with an investigation of former employees who helped create the mortgage investments."  It has been widely reported, see, e.g., here and here, that this criminal investigation originates from the Sacramento EDCA U.S. Attorney's Office.  Hence, the title of this post.

EDCA Jury Convicts Man In Ponzi Scheme Case

Yesterday, a jury returned a guilty verdict on multiple counts of fraud and one count of money laundering after a 3-day jury trial in a ponzi scheme case before Judge Shubb in United States v. Berghius, No. 10-CR-0377-WBS.  Central Valley Business Times, 10/18/13.  The defendant was remanded after the verdict.