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Selected Works

Criminal Law and Procedure

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Application Of 18 Usc 1960 To Informal Money Service Businesses, Stefan D. Cassella Aug 2003

Application Of 18 Usc 1960 To Informal Money Service Businesses, Stefan D. Cassella

Stefan D Cassella

The article proposes that 18 USC 1960, a criminal statute that criminalizes the unlicensed operation of a money service business, may be used to prosecute not only traditional bricks and mortar businesses, but also informal money transfer operations of the kind typically used by drug trafficking, terrorist financing and other criminal organizations.

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Provisions Of The Usa Patriot Act Relating To Asset Forfeiture In Transnational Cases, Stefan D. Cassella Mar 2003

Provisions Of The Usa Patriot Act Relating To Asset Forfeiture In Transnational Cases, Stefan D. Cassella

Stefan D Cassella

The article outlines the provisions of the USA Patriot Act that enhance the power of the US Government to use the asset forfeiture laws to recover property involved in transnational crime, including the power to seize assets from the correspondent account of a foreign bank.

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Forfeiture Of Terrorist Assets Under The Usa Patriot Act Of 2001, Stefan D. Cassella Sep 2002

Forfeiture Of Terrorist Assets Under The Usa Patriot Act Of 2001, Stefan D. Cassella

Stefan D Cassella

This short article discusses the provision that were included in the USA Patriot to enhance the government's ability to use the asset forfeiture laws to confiscate the assets of terrorist organizations.

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Money Laundering Has Gone Global, Stefan D. Cassella Dec 2001

Money Laundering Has Gone Global, Stefan D. Cassella

Stefan D Cassella

The article, written in layman's terms, lists the enhancements that Congress needs to make to the money laundering laws to keep pace with the globalization of crime.

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Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein Dec 2000

Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein

Richard Adelstein

A comparison of adversarial and inquisitorial approaches to criminal adjudication and its implications for plea bargaining.

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Does Apprendi V. New Jersey Change The Standard Of Proof In Criminal Forfeiture Cases?, Stefan D. Cassella Dec 1999

Does Apprendi V. New Jersey Change The Standard Of Proof In Criminal Forfeiture Cases?, Stefan D. Cassella

Stefan D Cassella

The article, written shortly after the Supreme Court decided Apprendi v. New Jersey, sets forth the arguments why the decision will not require the imposition of the reasonable doubt standard in criminal forfeiture cases, nor require that forfeiture matters be tried to a jury.

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Reasonable And Other Doubts: The Problem Of Jury Instructions, Robert C. Power Dec 1998

Reasonable And Other Doubts: The Problem Of Jury Instructions, Robert C. Power

Robert C Power

No abstract provided.

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Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel Dec 1998

Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel

David B Kopel

Sometimes the Bureau of Alcohol, Tobacco and Firearms traces the registered sales history of a gun which was used in a crime, or which has been seized by the police. Traced guns are not representative of the broader universe of crime guns. Accordingly, drawing public policy conclusions based on tracing data is unwise.

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Four Entries, Richard Adelstein Dec 1997

Four Entries, Richard Adelstein

Richard Adelstein

Four entries: "American Institutional Economics and the Legal System" (I: 61-66); "John Rogers Commons" (I: 324-327); Richard Theodore Ely" (II: 28-29); and "Plea Bargaining: A Comparative Approach"

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Third Party Rights In Criminal Forfeiture Cases, Stefan D. Cassella Oct 1996

Third Party Rights In Criminal Forfeiture Cases, Stefan D. Cassella

Stefan D Cassella

This article discusses the statutory procedures and the case law regarding the adjudication of the rights of third parties in property that a defendant has been ordered to forfeit in a criminal case. In particular, it discusses the ancillary proceeding governed by 21 U.S.C. 853(n) in detail. The case law references are now outdated and have been superceded by the discussion in Chapter 24 of the author's treatise, Asset Forfeiture Law in the United States. Nevertheless the article provides a good introduction to the topic.

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Spelling Guilt Out Of A Record? Harmless-Error Review Of Conclusive Mandatory Presumptions And Elemental Misdescriptions, John M. Greabe Dec 1993

Spelling Guilt Out Of A Record? Harmless-Error Review Of Conclusive Mandatory Presumptions And Elemental Misdescriptions, John M. Greabe

John M Greabe

Part I of this Article summarizes the history of harmless-error review. Part II explains more fully the constitutional infirmities generated by conclusive mandatory presumptions and elemental misdescriptions, and demonstrates that the unique nature of these infirmities complicates the question of how courts should review them for harmlessness. It also examines the Supreme Court's attempts to answer the questions of whether, and how, conclusive mandatory presumptions and elemental misdescriptions should be reviewed for harmlessness. In so doing, it focuses particularly on how these attempts have been undermined by the Court's failure to take account of the structural rights undermined by these …

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