michael s causey - FEDagent - News for federal agents and 1811’s

CBP Seizure of Securities Fraud Evidence in Border Search was Constitutional

case law update

The United States Government investigated Mr. David Levy for his role in a stock manipulation scheme.  Mr. Levy was aware that he faced potential criminal charges; his wife had been indicted in a related matter nearly a year earlier, and his attorney held a telephone conversation with federal prosecutors to discuss potential charges against Mr. Levy.

Court of Federal Claims Cannot Overturn a Criminal Conviction

case law update

To the extent a plaintiff attempts to use a suit to challenge his criminal conviction in the Court of Federal Claims, that court lacks jurisdiction to hear it, the U.S. Court of Appeals for the Federal Circuit recently held.

D.C. Circuit: Knock-and-Announce Violations

case law update

Special Agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives began investigating Mr. Michael Weaver in 2008. Agents searched through trash outside his home and found marijuana.

NCIS Investigation of Civilian Computer Crimes Violated Posse Comitatus Act

case law update

Although Naval Criminal Investigative Service Special Agents are civilians, they work for the military and further military goals.  Thus, they are prohibited from enforcing purely civilian laws under the Posse Comitatus Act, according to an en banc panel of the United States Court of Appeals for the Ninth Circuit, and should not have investigated a civilian for downloading child pornography. 

Tenth Circuit Finds Kansas Anti-Subrogation Regulation Preempted by Federal Law

case law update

An anti-subrogation regulation in Kansas preventing insurers from issuing policies containing subrogation clauses came into conflict with the Federal Employees Health Benefit Act (“FEHBA”), but the Tenth Circuit Court of Appeals ruled that federal common law preempted the Kansas regulation.

This Week on FEDtalk

Ethics and Accountability for Government Attorneys

Tune in to FEDtalk this week for a discussion of ethics and accountability in the federal government. The guests will cover the Professional Review process for government attorneys and other government ethics considerations.

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Hear it from FLEOA

FLEOA Scores Legal Victory for Agents with Hearing Loss

Federal Law Enforcement Officers Association (FLEOA) National President Nathan Catura released a statement earlier this week that detailed a settlement impacting agents with hearing loss.

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