Gregory Chandler -- Immigration Fraud Litigation

A case appealed to the Eleventh Circuit involving immigration fraud is United States v.

Ndiaye, 434 F. 3d 1270 (11th Cir. 2006). In a prosecution for immigration offenses and

Social Security fraud, the Court held it was only harmless error to allow cross-examination

of a defendant's character witnesses regarding a letter that the defendant sent to a female neighbor requesting a "get-together" while their respective spouses were at work. Some of

the circumstances surrounding the letter were unknown and, while the letter did perhaps

suggest that the defendant was not being entirely candid with his wife, it did not directly

relate to his truthfulness and honesty.

GREGORY CHANDLER, Attorney at Law

Gregory Chandler - Third Party Subsequent Remedial Measures

Millennium Partners, L. P. v. Colmar Storage, LLC, 494 F. 3d 1293 (11th Cir. 2007)

Affirming a judgment for coffee traders on a bailment claim against a warehouseman for

damage to bags of coffee beans, the 11th Circuit held that there was no error in allowing the tenant who leased the warehouse after the defendant vacated the premises to testify that he required the landlord to install new basins, pumps, and drains, as Federal Rule of Evidence

407 does not apply to a remedial measure that was taken without the voluntary participation

of the defendant.

GREGORY CHANDLER, Attorney at Law

Gregory Chandler - Police Officer Litigation

While working on a case involving alleged police misconduct, I came across an interesting

case. The case is United States v. Guidry, 456 F. 3d 493 (5th Cir. 2006). A police officer

was convicted for violating civil rights by sexually assaulting several women.

Affirming, the Court found no error in the admission under Federal Rule of Evidence Rule

413 that the defendant sexually assaulted another woman. The 5th Circuit held that the

plain language of Federal Rule of Evidence 413 allowed evidence of other offenses even

if the allegations did not result in a conviction.

GREGORY CHANDLER, Attorney at Law

Gregory Chandler on Subsequent Remedial Measures

Many attorneys are aware that courts typically exclude evidence of subsequent remedial measures. A subsequent remedial measure is an act undertaken after the alleged harm or

injury that tends to make the alleged harm or injury less likely to happen again.

Under the Federal Rules of Evidence, Rule 407 speaks to subsequent remedial measures.

Most state courts, that have codified rules of evidence, have a rule of evidence that is similar

to Federal Rule of Evidence Rule 407.

An interesting case is Chlopek v. Federal Insurance Company, 499 F.3d 692 (7th Cir. 2007).

In this case, the Court affirmed a judgment for the defendants in a product liability action

arising from injuries allegedly caused by a device that delivers cooling therapy to

postoperative patients.

The Seventh Circuit found no trial court abuse of discretion in the exclusion of evidence that

the manufacturer changed the warning label some time after the plaintiff's injury. Although

the plaintiff argued that the change was not prompted by safety concerns, the Court noted

that Federal Rule of Evidence 407 does not speak to the motive for the change but only

whether it would have made the alleged harm or injury less likely to occur.

GREGORY CHANDLER, Attorney at Law

GREGORY CHANDLER ON CYBERATTACKS

All individuals should take substantial steps to prevent cyberattacks. By cyberattacks, I mean identity theft, financial fraud, and scams by way of computers.

Prevention of cyberattacks begins with a firewall, anti-malware software and automatic updates. Chances are that you have these installed on your computer. Modern computers and routers have firewalls built in. One should make sure that updates are installed on a regular basis.

Windows users: the built-in Windows Update system will notify you when updates, many of them critical for security purposes, become available.

Mac users: Apple automatically sends systems updates. Generally it is safe to accept the systems updates.

Wireless users: It is best to use the highest encryption available on your router, and the router's default username and password should be changed at least every six months.

Don't use simple passwords: For financial accounts do not use simple passwords. For example, do not use your last name or street name. Use unique numbers and special characters. Again, change the passwords at least every six months.

New security options: A new breed of website security adds an extra layer of protection beyond usernames and passwords by registering your computer's unique thumbprint when one logs in. The website is more confident if is you using the computer. If the site detects a computer you do not normally use, expect extra questions to prove your identity.

Credit cards: Many credit card issuers let you set limits on your credit card use. If a large charge or unusual charge is made, the credit card issuer can send you an alert by text message or e-mail. An alert notifies you about a suspicious transaction so you can respond accordingly.

Be alert: One should always be alert while on-line. Often one will receive information that claims to be from one's bank or another entity that one does business with. Most banks will not ask for personal information that the bank has already received from the customer. If in doubt about an e-mail, contact the bank or business.

GREGORY CHANDLER, Attorney at Law

Gregory Chandler - Delay in Asserting Attorney-Client Privilege

I often write about the attorney-client privilege. In United States v. Ary, 518 F. 3d 775 (10th Cir. 2008), the appellate court affirmed convictions for fraud and stolen property offenses arising from transactions involving space artifacts, the Court found no error in a ruling that the defendant waived the attorney-client privilege and work product protection as to documents seized in a government search when he waited six weeks to assert protection after a Rule 16 discovery meeting. In a footnote, the Court suggested that is was "possible" that the defendant waived the privilege at the Rule 16 meeting itself, when he failed to raise any privilege claim despite the fact that the government provided an inventory of items seized in the search, which included the "black box" containing the allegedly privileged material.

GREGORY CHANDLER, Attorney at Law

Gregory Chandler - Medical Doctor Litigation

Earlier this month, I was asked to consider submitting an article discussing the conviction of Conrad Murray, M. D. On November 7, 2011, Murray was found guilty of manslaughter in the death of Michael Jackson.

In my research, I came across an interesting case. The case is United States v. Bek, 493 F. 3d 790 (7th Cir. 2007) The United States Court of Appeals for the Seventh Circuit affirmed a conviction for prescribing drugs without a proper medical purpose. The Court rejected a defense argument that patient records had been erroneously admitted in violation of the physician-patient privilege. The Court noted that the controlling law in this federal prosecution was federal common law, which provides no physician-patient privilege.

The Seventh Circuit declined to adopt a physician-patient privilege in light of the United States Supreme Court's decision in Jafee v. Redmond, finding "no circuit authority in support of a physician-patient privilege even after Jafee" and seeing no reason to create such a privilege.

On another note, perhaps federal prosecutors will want to prosecute Dr. Murray on the theory of prescribing or using drugs without a proper medical purpose.

GREGORY CHANDLER, Attorney at Law