Monthly Archives: September 2015

The Transom Rule 21st Century Style

Farley v. Koepp |14-1695

September 2015

Overworked lawyers of bygone eras could sometimes rely on the transom rule. The rule allowed an attorney to “file” a document first thing in the morning as if the filing occurred the day before. The principle became known as the “transom rule.” With the advent of ECF, the transom rule lost its purpose. But ECF has created its own challenges. In Farley v. Koepp, 14-1695, the Seventh Circuit addresses when a document is considered filed for purposes of statute of limitations purposes when the ECF process goes awry.Read More >>

Supervised Release: First Things First

United States v. Moore |14-3559

September 2015

In United States v. Moore, 14-3559, the Seventh Circuit continued its hyper-vigilance in reviewing supervised release sentences. The facts of the case are inconsequential except for these salient issues: the district court placed the defendant on supervised release for three years (within the applicable guideline range for supervised release) “without first enunciating its finding that a term of supervised release was necessary.” The sentence was remanded for reconsideration.Read More >>

Another Sea Change in Sentencing?

United States v. Presley | 14-2704

September 2015

In the world of criminal sentencing, much has been in flux over the last decade, from the evisceration of the Sentencing Guidelines, to the new found discretion of Booker and its progeny, to supervised release issues. In United States v. Presley, 14-2704, the Seventh Circuit appears to have opened a new chapter in sentencing reform. Presley was a career offender whose multiple convictions had failed to dissuade him from continued criminal conduct. He was convicted of multiple drug and gun offenses. The district court sentenced him to 440 months in prison. By BOP estimates, he will be released from prison at almost 64 years of age.Read More >>

Reigning in the Scope of False Claims Act

United States v. Sanford-Brown, Ltd. | 14-2506

September 2015

The number of qui tam suits filed alleging fraud in federal programs has grown from 30 in 1987, to 300 to 400 a year from 2000 to 2009, to more than 700 in 2013 and 2014. See “Justice Department Recovers Nearly $6 Billion from False Claims Act Cases in Fiscal Year 2014,” DOJ Press Release, dated 11/20/14. A casual observer might conclude from these statistics that fraud against the government has been rapidly increasing over the last 25 years. Those more involved in this area of litigation might have a different take – to wit, the means of alleging claims under the False Claims Act has rapidly increased.Read More >>