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Government Drops 28 Counts from the Indictment in U.S. v. Salinas, 13-CR-1439 (S.D. Tx. Mcallen Division)

U.S. v. Fidel Salinas, 13-CR-1439 (S.D. Tx., Mcallen Division). The new superseding indictment  drops 28 counts from the previous 44 count Indictment for a new total of 16 counts. Counts 1, 4, 6-14 either allege conspiracy to commit unauthorized access, or actual or attempted unauthorized access, in violation of the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. 1030(a)(2)(c); Counts 2 & 15 either allege conspiracy to commit unauthorized damage, or actual or attempted unauthorized damage to a protected compute,  in violation of the CFAA, 18 U.S.C. 1030(a)(5)(a); Counts 3 & 5 either allege conspiracy to use the Internet to cause substantial emotional distress, or actual or attempted use of the Internet to cause substantial emotional distress, in violation of 18 U.S.C. 2261(A); Count 16 alleges either actual access or attempted access to a protected computer and recklessly causing damage, in violation of the CFAA 18 U.S.C. 1030(a)(5)(B). Mr. Salinas is represented by Tor Ekeland and Meredith Heller of Tor Ekeland, P.C.. Alma Garza of the Alma R. Garza Law Office, and Shawn Tuma of Britton Tuma. Salinas Superseding Indictment 9.16.14]]]]> ]]>

Road to Nowhere

In Liminae: The Road to Nowhere

It takes us about six hours to drive to the rural state jail (that’s owned by two judges) the Feds contracted with to hold our client. Accused of computer crimes, he can’t effectively review evidence in jail – there’s no practical access to computers in the gulag. They’ve seized all his assets claiming they’re the ill-gotten gains of crimes the government can’t identify, and their computer forensics – if you can call them that – have no scientific basis and are full of basic errors and typos. In my decade as a federal criminal defense lawyer doing computer cases across the country, I’ve never come across a case where the government was so completely off.

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Guilty Until Proven Innocent

A defendant’s view from the trenches of federal criminal court This post is originally published to Substack. You can read and follow us there.

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