Thursday, December 13, 2012

Fourth Circuit -- US v. Phillip Hamilton


No abuse of discretion in holding that clickwrap waiver of privacy in workplace computer and lack of any subsequent measures by deft to preserve privacy waived the marital privilege between deft and his wife.

Circumstantial evidence sufficient for bribery conviction -- finder of fact can impute intent.

No abuse of discretion in denying a gratuity instruction where gov't case was strict bribery.

For purposes of the sentencing bump, benefit accruing to a third party counts, not just that portion ultimately gained by deft. 

US v. Phillip Hamilton
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.