The panel affirmed the district court’s revocation of Jackson Daniel Bowers’ supervised release in a case in which Bowers argued that Article III, section 2 of the Constitution affords supervisees the right to a jury trial in revocation proceedings held under 18 U.S.C. § 3583(e). In Bowers’ view, Article III and the Sixth Amendment are independent from each other and the Sixth Amendment trial-by-jury rights are more limited than those rights under Article III. Joining the Seventh Circuit, the panel held that Article III’s jury provision and the Sixth Amendment are equivalent in scope. Although there are textual differences between Article III’s “all Crimes” and the Sixth Amendment’s “all criminal prosecutions,” Bowers’ reading of this difference is not supported by the history of Article III and the Sixth Amendment. History and precedent make clear that the Sixth Amendment was meant to complement Article III, section 2, not to supersede or compete with it. It follows that a right not triggered by the Sixth Amendment cannot be independently triggered by Article III.

Read the full case here: https://cdn.ca9.uscourts.gov/datastore/opinions/2025/03/04/23-902.pdf

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The latest government case-by-case records reveal that as of March 31, 2025, federal efforts to prosecute white-collar crimes have continued to decline – down more than 10 percent from FY 2024 in the last full year of the Biden administration.

The FBI is the lead investigative agency in many of these investigations. Thus, this decline is likely to grow even larger given a series of recent federal moves impacting cuts to the FBI and directing how FBI agents should spend their time. News coverage reports: “white-collar cases...will be deprioritized for at least the remaining of 2025.” Going forward, “FBI agents were told by their field offices they would need to start devoting about one-third of their time to helping the Trump administration crack down on illegal immigration.”

U.S. Attorney offices filed 4,332 prosecutions for white-collar crimes in FY 2024, less than half of the 10,269 prosecutions filed in FY 1994 three decades earlier. And FY 2025 is projected to fall even further to just 3,862. All prosecution rates except for immigration dropped substantially in the first half of FY 2025. In addition, compared with other program categories, prosecutors file prosecutions on criminal referrals at lower rates for white-collar offenses than almost all other program categories.

Most crimes the Department of Justice (DOJ) classifies as white-collar crime cover a wide range of frauds. These include corporate and consumer frauds, bankruptcy fraud, federal program fraud, financial institution fraud, health care fraud, tax fraud, identity theft, security fraud and many others. Antitrust crimes are also included in this category.

Read more here: https://tracreports.org/reports/760/

In codefendant brothers Joshua and Jamie Yafa’s appeals from their convictions and sentences for securities fraud and conspiracy to commit securities fraud for their involvement in a “pump-and-dump” stock manipulation scheme, the panel affirmed the district court’s reliance on Application Note 3(B) in the commentary to United States Sentencing Guidelines § 2B1.1, which, at the time the Yafas were sentenced, instructed courts to use the gain that resulted from the defendant’s offense as an alternative measure for calculating loss where loss cannot reasonably be determined.

Read more here: https://cdn.ca9.uscourts.gov/datastore/opinions/2025/05/15/23-4108.pdf

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What Officer Hill reasonably suspected, namely that Lopez–Soto had not affixed a registration sticker to his rear window, simply was not a violation of Baja California law. This cannot justify the stop under the Fourth Amendment. Nor is it possible to justify the stop objectively, as did the court in Sanders, with the facts available to Officer Hill when he made the stop: in his mistaken belief that Baja California law required the registration sticker to be visible from behind, Officer Hill did not check the windshield for the sticker. The information that he did gather—that there was no sticker on the rear or left windows—did not make it any less likely that Lopez–Soto was operating his car in conformity with the law.

We have no doubt that Officer Hill held his mistaken view of the law in good faith, but there is no good-faith exception to the exclusionary rule for police who do not act in accordance with governing law. See United States v. Gantt, 194 F.3d 987, 1006 (9th Cir.1999). To create an exception here would defeat the purpose of the exclusionary rule, for it would remove the incentive for police to make certain that they properly understand the law that they are entrusted to enforce and obey.

Read the full case here: United States v. Lopez-Soto, 205 F.3d 1101, 1106 (9th Cir. 2000), https://law.justia.com/cases/federal/appellate-courts/F3/205/1101/559308/

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
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(619) 357-6677

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