deterrence based trust
3621 results for deterrence based trust
-
vLex Rating
-
__ U.S. __ (2017), 16-529, Kokesh v. Securities and Exchange Commission
In the 1970s, federal district courts began ordering disgorgement in Securities and Exchange Commission enforcement proceedings. The Commission may also seek monetary civil penalties; 28 U.S.C. 2462 establishes a five-year limitations period for “an action, suit or proceeding for the enforcement of any civil fine, penalty, or forfeiture.” In 2009, the Commission brought an enforcement action...
... laws are inherently punitive because " deterrence [is]. not [a] legitimate nonpunitive ...) (ordering disgorgement and directing trustee to. disperse funds to victims if " ... received and traded based on that information--even though. they ...
-
612 F.3d 1160 (11th Cir. 2010), 08-10997, United States v. Irey
...It specifically argued that any variance based on Irey's " diminished capacity, aberrant ...Of course, adequate deterrence to criminal conduct. I mean, a serious sentence ...'s use of reason underlies the public's trust in the judicial institution. A public statement ...
-
Competing Exclusionary Rules in Multistate Investigations: Resolving Conflicts of State Search-and-Seizure Law.
...Deterrence 451 b. Judicial Integrity and Public Trust 458 2. ... rejected any kind of state-law-based exclusionary rule. (15) Far more have recognized ...
-
592 F.3d 495 (4th Cir. 2010), 08-4497, United States v. Engle
...Based on a total offense level of 17 and a category II ... was necessary to provide adequate deterrence to others. The district court, however, was ... for Engle stated that he had $25,000 in his trust account available for immediate payment and that ...
-
545 F.3d 1089 (D.C. Cir. 2008), 07-3089, United States v. Gardellini
...Based on the principles set forth in Booker and ...," and the need to “ afford adequate deterrence." 18 U.S.C. § 3553(a)(1)-(2). The District ...'s use of reason underlies the public's trust in the judicial institution. A public statement ...
-
872 F.3d 202 (4th Cir. 2017), 16-4010, United States v. Slappy
The Fourth Circuit vacated defendant's 36-month revocation sentence, holding that the district court's failure to address her arguments in favor of a within-policy-statement-range sentence constituted procedural error. In this case, defendant presented detailed, nonfrivolous evidence of her positive employment history, her efforts at rehabilitation, and her voluntary service to her community, and
... permission (based on Maryland theft charge); and (5). ... imposed to afford adequate deterrence to criminal conduct. imposed to the law ... Slappy's breach of trust in accordance with the Chapter. Seven ...
-
551 U.S. 338 (2007), 06-5754, Rita v. United States
... Federal Guidelines range of 33 to 41 months based on his physical condition, likely vulnerability ...) "just punishment" (retribution), (b) deterrence, (c) incapacitation, (d) rehabilitation; (3) the ...'s use of reason underlies the public's trust in the judicial institution. A public statement ...
-
394 F.3d 357 (5th Cir. 2004), 03-30625, Positive Black Talk Inc. v. Cash Money Records, Inc.
... In 1997, two rap artists based in New Orleans, Louisiana--Terius Gray, ... Russell v. Plano Bank & Trust, 130 F.3d 715, 719-21 (5th Cir. 1997). The ... considerations of compensation and deterrence." 22 Id. at 534 n. 19, 114 S.Ct. 1023 ...
-
444 U.S. 507 (1980), 78-1871, Snepp v. United States
... breach are impressed with a constructive trust for the benefit of the Government. ... I. Based on his experiences as a CIA agent, Snepp ... of unjust enrichment, rather than deterrence and punishment. See D. Dobbs, Law of Remedies ...
-
738 F.3d 638 (4th Cir. 2013), 12-4856, United States v. Webb
...'s motion for a downward departure based upon Webb's substantial assistance and sentenced ... by the court, and affords adequate deterrence to noncompliant behavior, and provides protection ... primarily the defendant's breach of trust, while taking into account, to a limited degree, ...
-
520 F.3d 984 (9th Cir. 2008), 05-10200, United States v. Carty
... punishment, and would afford adequate deterrence to others. Accordingly, the judge "exercise[d] ... or to deviate from the Guidelines based upon [his] consideration of the factors set forth ...'s use of reason underlies the public's trust in the judicial institution"). An explanation ...
-
633 F.3d 469 (6th Cir. 2011), 09-1675, United States v. Lanning
...Based on a total offense level of 8 and a criminal ...The goals of providing deterrence and protecting the public also weighed in favor ... the public from people who " violate the trust that we all are entitled to have in the integrity ...
-
556 F.3d 389 (6th Cir. 2009), 07-4123, Rentz v. Dynasty Apparel Industries, Inc.
....87 from Leonard, and $3,747.37 from Roach, based on calculations of the amount of attorney fees ..., the district court observed that deterrence and punishment, rather than compensation for ... Rentz, who lacked any legal training, to trust this professional judgment. Further, the ...
-
982 F.2d 721 (2nd Cir. 1992), 91-5036, In re Joint Eastern and Southern Dist. Asbestos Litigation
.... Manville Personal Injury Settlement Trust, et al., Appellees. . In re Bernadine K. ... payments, with payments scheduled instead based on fixed criteria such as disease, age, and ... . deterrence, thereby precluding later claimants as a matter ...
-
698 F.3d 194 (4th Cir. 2012), 11-4401, United States v. Bennett
... makes plain that the " egregious breach of trust" committed by the defendant in repeatedly ... stated that " it's clear that [Bennett], based on his positive cocaine tests, needs intensive ... supporting the district court's other, deterrence-based explanation for the sentence, id. at ...
-
760 F.3d 247 (2nd Cir. 2014), 12-4218-cv(L), Merck Eprova AG v. Gnosis S.P.A.
... isomers either with an " L" or a " D," based on the isomer's relation to the glyceraldehyde ... may be awarded in the interests of deterrence. " [A] court may award a defendant's profits ...Pension Plan of the NYSA-ILA Pension Trust Fund , . . 450 F.3d 91, 96 (2d Cir. 2006); ...
-
417 U.S. 703 (1974), 73-718, Bangor Punta Operations, Inc. v. Bangor & Aroostook Railroad Co.
...Pp. 714-716. 3. Deterrence of railroad mismanagement is not, in itself, a ...2582] addressed the claims based on federal law and determined that Amoskeag would ...Clinton Trust Co., 183 Misc. 340, 48 N.Y.S.2d 267 (1944); ...
-
545 U.S. 677 (2005), 03-1500, Van Orden v. Perry
... the State selected a site for it based on the recommendation of the state organization ... nonreligion," and that it must "work deterrence of no religious belief." Schempp , supra, at ... to a common article of commerce ("In God we Trust") or an incidental part of a familiar recital ...
-
472 U.S. 299 (1985), 84-679, Bateman Eichler, Hill Richards, Inc. v. Berner
...Second, deterrence of insider trading most frequently will be ... advised that "Lazzaro was a very trustworthy" and a good man.\" Id., ¶ 19, App. 12. \xC2"... . based on such fault -- whether or not denominated in ...
-
379 F.3d 813 (9th Cir. 2004), 02-50380, United States v. Kincade
...--the probation agency must be able to act based upon a lesser degree of certainty than the Fourth ... reintegration of the releasee through deterrence. This special need of supervised release looks ... to keep the wolf out of the fold, than to trust to drawing his teeth and talons after he shall ...
-
475 F.3d 556 (3rd Cir. 2007), 05-1698, United States v. Grier
... range, but must impose a sentence based on all the factors articulated in § 3553(a). The ...of Cal., Inc. v. Constr. Laborers Pension Trust for S. Cal., 508 U.S. 602, 622, 113 S.Ct. 2264, ... (B) to afford adequate deterrence to criminal conduct;. (C) to protect the public ...
-
583 F.3d 108 (2nd Cir. 2009), 08-3485-cr (L), United States v. Rigas
... levels because defendants abused the public trust; and (6) four levels because appellants were ...Based on these calculations, the PSRs concluded that ... of the offense," " adequate deterrence," and " just punishment"). In ...
-
485 F.3d 1058 (9th Cir. 2007), 06-30120, United States v. Simtob
... release to sanction for a "breach of trust," the considerations under 18 U.S.C. § ...§§ 3553(a)(2)(B) (2003) (affording deterrence as one consideration) and 3553(a)(2)(C) (2003) ... sentence solely, or even primarily, based on the severity of the new criminal offense ...
-
487 F.3d 823 (11th Cir. 2007), 05-11806, United States v. Amedeo
... and eight years of supervised release, based on an offense level of 37; a criminal history ...§ 3A1.1, abuse of trust, § 3B1.3, and obstruction of justice, § 3C1.1. ... Guidelines range, affording adequate deterrence, and protecting the public from further crimes of ...
-
1 F.3d 1371 (3rd Cir. 1993), 91-3837, Dunn v. HOVIC
..., the Court rejected a due process challenge based on the alleged inadequacy of the trial judge's ... than sufficient to serve the goals of deterrence and punishment. It urges this court, as the ... Among Manville Personal Injury Settlement Trust Claimants, 1990-2049, at 42 (Draft Nov. 9, 1992). ...