Seventh Circuit – Page 19 – Marquette University Law School Faculty Blog

Seventh Circuit Weighs in on Bankruptcy Fraud

Post author:Michael M. O'Hear
Post published:February 12, 2010
Post category:Criminal Law & Process Federal Criminal Law & Process Federal Sentencing Seventh Circuit

In the wake of a surge in bankruptcies, can a boom in bankruptcy fraud prosecutions be far behind? If so, district court judges will benefit from the Seventh Circuit’s opinion today in United States v. Peel (No. 07-3933), which addressed a number of unsettled legal questions.

The facts in Peel were unusually lurid for a bankruptcy case. Back in the 1970’s, Peel had an affair with his wife’s sixteen-year-old sister. Although the affair ended after a few months, Peel kept several nude pictures of the sister. Some time later, Peel was divorced from his wife, and bankruptcy followed. Peel’s largest financial obligation was to his ex-wife: $230,000 plus an additional $2500 per month for the rest of his life, pursuant to the terms of the divorce settlement. The ex-wife filed a claim in the bankruptcy proceedings in order to ensure that these obligations were not discharged. Peel then attempted to pressure her into dropping the claim by threatening to release the nude pictures of her sister. The ex-wife complained to police, and Peel was eventually convicted of bankruptcy fraud, obstruction of justice, and possession of child pornography.

Judge Posner, writing for the court, addressed several issues relating to Peel’s convictions and sentence.

Seventh Circuit Decides That Reckless Injury and Statutory Rape Are Not “Crimes of Violence”

Post author:Michael M. O'Hear
Post published:January 27, 2010
Post category:Circuit Splits Criminal Law & Process Federal Criminal Law & Process Federal Sentencing Seventh Circuit

In a series of posts (e.g., here and here), I have been tracking the fallout in the Seventh Circuit of the Supreme Court’s decision in Begay v. United States, 128 S. Ct. 1581 (2008). Begay adopted a new approach for deciding when former convictions count as “crimes of violence” that trigger the fifteen-year mandatory minimum sentence of the Armed Career Criminal Act.

Earlier this week, the Seventh Circuit had another in its increasingly long line of post-Begay decisions holding that this or that specific offense does not fit the new definition of “crime of violence.” More specifically, in United States v. McDonald (No. 08-2703) (Sykes, J.), the court held that first-degree reckless injury (in violation of Wis. Stat. § 940.23) and second-degree sexual assault of a child (what would be colloquially called “statutory rape,” in violation of Wis. Stat. § 948.02(2)) do not count as crimes of violence.

Seventh Circuit Clarifies Application of Fourth Amendment to Searches of Computer Hard Drives

Post author:Michael M. O'Hear
Post published:January 22, 2010
Post category:Circuit Splits Computer Law Criminal Law & Process Federal Criminal Law & Process Seventh Circuit

While working as a life guard instructor, Matthew Mann covertly installed a video camera in a locker room in order to take footage of women changing their clothes. After the camera was discovered and turned over to the authorities, police executed a search warrant at Mann’s home for “video tapes, CD’s or other digital media, computers, and the contents of said computers, tapes, or other electronic media, to search for images of women in locker rooms or other private areas.” In connection with the search, police seized computers and an external hard drive from Mann. Police later ran forensic software on this equipment that revealed the presence of child pornography, which formed the basis of a federal prosecution.

The district court denied Mann’s motion to suppress the images found on his hard drives. Mann then pled guilty, but preserved the right to litigate his Fourth Amendment claim on appeal. In United States v. Mann (No. 08-3041) (Rovner, J.), the Seventh Circuit affirmed. Although the scope of the warrant was limited by its terms to a search for “images of women in locker rooms or other private areas,” the court held that police did not exceed the scope of the warrant when they collected and viewed Mann’s collection of child pornography.