Category Archives/Archivos de la categoría: Articles

Explanation of Sentencing ReformAct and Corrections Act of 2015

Sentencing Reform and Corrections Act, was approved by a bipartisan vote of 15 to 5 on october 22, 2015. before it can become law, it must pass through the senate, it must pass through the house of representatives and then the president must sign the new law.

There are high hopes that this will happen, but […]

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OFAC and the Law

OFAC puts kingpins on the “kingpin list” also known as the “Clinton List” But many people who get on the list are not kingpins—far from it.

Once official word gets around that you are on the list, banks in the U.S. will close your accounts. In fact, banks in other countries may close your accounts as […]

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US Citizen in La Picota looking for help from Federal Judge

The article below is an excerpt from a New York Post article that was published on November 21, 2015. It was written by Josh Kosman.

A Manhattan federal court judge took prosecutors to task for not helping a US citizen escape an “intolerable” situation in Colombia’s notorious La Picota jail.

Kaleil Isaza Tuzman, a serial entrepreneur charged […]

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Sometimes Less is More

Emiliano Zapata was an outlaw who came in “guns blazing” at every battle, in every bar, restaurant and house. He had two gun belts and he and his men always went in shooting and yelling “Viva Zapata!” Effectively shooting everything in site.

Recently, there was an article in the New York Times that profiled David Kendall, […]

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Speak Up: The Life You Save May Be Your Own

The Obligations Of A Defense Lawyer To Give You “Effective Assistance”

This article came up as a response to a reader’s suggestion that an office should be established to oversee the performance of lawyers. I don’t think that’s necessary because both defendants who speak up, and judges who are observant can tell a judge all he […]

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Some Important News From David Zapp and Johanna Zapp

From a recent New York Times article:

“People who commit violent crimes are not the reason for the exploding federal prison population. Most of the growth has come from drug offenders caught up in absurdly harsh mandatory minimum sentences that bear no relation to the seriousness of their offense. “Mandatory minimums should be reduced or eliminated […]

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My Lawyer Promised Me! 

Good evening:

Mr. Zapp, I would like to ask a question. My case is as follows: I was arrested in a house along with others, and our charges involved a quantity of drugs. My codefendants were sentenced to 72 months. I was charged as an organizer, and got 151 months. My attorney told me that if […]

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Interview with David Zapp

TTP: Mr. Zapp, it’s been a long time.

David Zapp: It has indeed.

TTP: I’d like to ask you some questions about some past cases that made the news and then ask you about a more recent case.

David Zapp: I’m all ears.

TTP: First off, did you read the article about that huge marijuana distribution ring that was […]

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Constitutional Violations are not Transferrable

United States v. AndersonNo. 13-4152-CR (2d Cir. Nov. 24, 2013) (Parker, Lynch, and Carney) 

Following a traffic stop of defendant’s car, state troopers arrested defendant’s wife Crystal, a passenger, believing that she had drugs hidden on her person. The troopers brought Crystal to the state police barracks, handcuffed her to a chair, and told her that […]

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Federal Judge Bemoans State of Mass Incarceration and  Sentencing in General

Jed S. Rakoff, a U.S. District Judge in the Southern District of New York spoke to a Harvard Law School’s conference that examined the responsibilities and roles that lawyers play as professionals and as citizens. This article is taken from what he said. It has been edited, reformatted and added to make it as easy […]

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Cautionary Tales

Two things happened this week of note. The United States took on FIFA, an association not particularly known for its U.S. involvement or interest and indicted officials from all over the world. It exercised it jurisdiction because the bribe money was deposited in some cases in U.S. banks. Just that gave the U.S. jurisdiction. It […]

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“It’s All About Playing By The Rules”

I’ve written about this before but it is worthwhile to do so again to new people know about this golden truth and to remind others in case they have forgotten or been led astray:

“Daniel Richman, a Southern District alumnus who teaches at Columbia Law School, told a reporter, “’When you hear about a former Assistant […]

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The former paramilitary chief Fredy Rendón Herrera, “El Alemán” will be released with time served.

www.lafm.com.co

www.lafm.com.co

By Pulzo.com / NACIÓN

The demobilized chief of the AUC block served the 8 years of alternative penalty provided for in the Act for Justice and Peace

The freedom of former chief […]

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Steep Costs of Inmate Phone Calls Are Under Scrutiny

NYTimes, By TIMOTHY WILLIAMSMARCH 30, 2015

Since the Pennsylvania police arrested Anthony Kofalt last March for walking out of a Walmart with 21 boxes of Crest White Strips he had not paid for, his wife, Heather, has spent $3,000 — about $60 a week — on phone calls to the prisons and jails where he has […]

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U.S. Drug Agents Had Sex Parties Funded by Drug Cartels.

By REUTERS MARCH 26, 2015, 12:11 P.M. E.D.T.

WASHINGTON — U.S. Drug Enforcement Administration agents had alleged “sex parties” with prostitutes over several years, said a report published on Thursday and stemming from a review of allegations of misconduct by several DEA agents in Colombia.

The alleged parties were funded by local drug cartels, said the report […]

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What’s the Hold Up?

Johanna Zapp, Esq.

The article below is an edited Editorial piece from the New York Times. It talks about the roadblocks we are running into with Sentencing Reform. Every time I visit a client, he or she asks what the latest is with the change in the “good time” policy, etc. As you can see from […]

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Wit and Wisdom

By David Zapp, Esq.

 

You’re Not Smarter Than The Government

Before the Federal government presses charges, it weighs all the pros and cons the same way a defendant would. They have thought of every defense a defendant has thought of. So if a narcotics defendant is overheard saying that “the cows” have to be in Miami by Thursday,” […]

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Everything You Want to Know About OFAC and the “Clinton List” but Didn’t Know Whom to Ask

By David Zapp, Esq.

OFAC stands for the Office of Foreign Assets Control. It is a U.S. agency that puts people and nations on the so-called “Clinton list,” which is a sanction list made up of allegedly rogue corporations, rogue nations, rogue civic associations, and just plain rogues. Any one and anything that OFAC believes is […]

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The cannibal, the jury, and the judge.

By David Zapp, Esq.

Years ago I wrote an article entitled “The Right To A Jury Trial, A Right I Can Do Without.” I said then that juries were not what they were cracked up to be. They were not the bastion of freedom standing between you and the state. In fact, sometimes a judge is […]

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Legal News Round Up

Reconsideration of Sentence-Rule 35

18 USC 3553(A) sets forth the factors to be considered when sentencing a defendant, not resentencing him. The law does not provide for resentencing except in cases where, 1), there is a clear procedural error in the sentencing or, 2), the defendant has given subsequent substantial assistance. FRCP Rule […]

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