conspiracy
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10th Circuit rules COVID access restrictions constitutional in criminal trial
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The Denver-based federal appeals court decided on Tuesday that the drastic restrictions on courtroom access during the ongoing COVID-19 pandemic did not violate a convicted defendant’s constitutional right to a public trial. A three-judge panel for the U.S. Court of Appeals for the 10th Circuit also rejected the argument that the trial court’s method of…
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10th Circuit upholds validity of federal sentencing recommendations
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When Congress created the U.S. Sentencing Commission in 1984, it intended to reduce disparities in criminal sentencing at the federal level by developing a set of guidelines, which trial judges now reference during sentencing. However, the guidelines are also accompanied by commentary – notes that clarify and expand upon the meaning of the guidelines. In recent…
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Court upholds $187,000 sanction against lawyers who claimed election rigging by Dominion, Facebook
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The federal appeals court based in Denver upheld a sanction of nearly $187,000 against two attorneys who pursued unproven claims that Dominion Voting Systems, Facebook and multiple officials in swing states violated the rights of all American voters during the 2020 presidential election. The U.S. Court of Appeals for the 10th Circuit previously agreed the…
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Federal judge declines to issue restraining order against alleged voter intimidation
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A federal judge has declined to issue a temporary restraining order after finding no imminent threat from a group who allegedly interrogated and intimidated Colorado voters at their homes, including while armed. U.S. District Court Chief Judge Philip A. Brimmer rejected a request from three civic organizations to temporarily block the U.S. Election Integrity Plan…
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DaVita case heads to jury: ‘There’s not a bro code exception’
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Jurors will now decide whether Denver-based kidney care company DaVita, Inc. and its former leader, Kent Thiry, are guilty of violating a century-old federal antitrust law by conspiring to prevent DaVita employees from being recruited for other job opportunities. Prosecutors with the U.S. Department of Justice and defense attorneys for DaVita and Thiry delivered nearly…
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Jurors hear from victim of alleged corporate conspiracy in ongoing DaVita trial
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After a week of calling corporate executives to testify and airing communications between the enablers of an alleged white-collar conspiracy, the government’s attorneys on Tuesday closed their case by letting the jury hear from one victim of the scheme. Elliot Holder, a self-described mid-level employee of kidney care company DaVita, Inc., recounted his experience interviewing…
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United States v. DaVita: Preview of groundbreaking white-collar trial in Denver
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The nearly three-week criminal trial of Denver-based DaVita, Inc. and its former leader, Kent Thiry, will begin on Monday morning, as prosecutors attempt to prove that a series of agreements between DaVita and its competitors are a novel violation of a century-old antitrust law. The government alleges there were high-level understandings that certain competitor companies…
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Appeals court finds state’s revenue department a ‘victim’ entitled to restitution
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The Colorado Department of Revenue qualifies as a “victim” that is entitled to restitution in the form of unpaid taxes from a ring of illegal marijuana growers, the state’s second-highest court has ruled. In a pair of decisions, the Court of Appeals determined that an Arapahoe County judge was wrong when she concluded society, not…
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‘Keep Kent Thiry happy’: Prosecutors air statements of alleged DaVita conspiracy in court
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With a jury trial scheduled to take place in just over a month, the U.S. Department of Justice revealed in federal court on Thursday a catalogue of statements from co-conspirators in the alleged scheme by Denver-based DaVita, Inc. and its ex-leader, Kent Thiry, to unlawfully restrict the movement of employees between companies. Thiry and DaVita…