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Hobbs Act Generally

The elements with respect to a violation of the Hobbs Act are as follows: 1. Obstruction or effect on interstate commerce. 2. An attempt, conspiracy or completed robbery or extortion is committed. 3. The use of actual or threatened violence or injury to an individual or property.

A DEFENDANT'S RIGHT TO TESTIFY

Although a defendant has a right to remain silent under the Fifth Amendment to the United States Constitution, the defendant also has a constitutional right to testify at his or her trial for a criminal offense. The defendant's right to testify includes his or her right to present a defense.

Types of Insurance Fraud

There are numerous types of insurance fraud. Insurance fraud encompasses fraudulent claims made by the defendant with the specific intent to defraud the insurer. Some of the types of fraud claims include: Property fraud claims, automobile fraud claims, life insurance fraud claims, healthcare fraud claims.

An overview of the Jencks Act

The Jencks Act provides that upon a motion by the defendant, the Government is required to disclose a witness's prior statements that are in the Government's possession at the time the request is made. In order for the Government to be compelled to disclose a witness's prior statements, the statements must relate to the subject mater of the direct testimony of the witness. Under the Jencks Act, the Government has a duty to preserve all statements that are required to be produced. The Government should not destroy the statements before they are required to be destroyed, usually until after the culmination of the defendant's case, including an appeal.

Challenging the Introduction of Improper Identification Evidence

There are a variety of ways in which a defendant may challenge the introduction of an improper identification.