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Sentencing Law and Policy


Sentencing Law and Policy
Federal Sentencing Reporter issue considers After Trump: The Future of the President’s Pardon Power
It strikes me as a great bit of great timing, as we head into a weekend celebrating our great nation s declaration of independence from a monarchy, that the new issue of the
Federal Sentencing Reporter focused on the pardon power in the US Constitution is just now available online.  It is often said that the presidential pardon authority in Article II section 2 of the Constitution is the most kingly power given to our chief executive, and former Prez Donald Trump certainly seemed at times to bring a mad King George quality to his activities in this arena.  Notably, as explained in the intro to this June 2021 issue of ....

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Banking and Cannabis Enforcement Round Up:  NCUA Imposes First Penalty Relating to Cannabis Banking Services; Cannabis Industry Execs Convicted of Defrauding Banks into Providing Financial Services; Congress Re-Introduces the SAFE Banking Act | Ballard Spahr LLP


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Much has occurred in the last two months regarding the relationship between financial institutions and Marijuana-Related Businesses, or MRBs. In this post, we discuss three major developments, all of which share a complex connection. First, the National Credit Union Administration (“NCUA”) recently pursued its first enforcement action against a credit union for Anti-Money Laundering (“AML”) compliance failures when servicing MRBs. Second, two cannabis industry executives were convicted of bank fraud for allegedly tricking banks and other financial institutions into unwittingly extending financial services to their MRB. Third, and despite this enforcement drumbeat regarding MRBs, Congress has introduced again, with bi-partisan support, the SAFE Banking Act, which seeks to normalize the banking of cannabis by prohibiting federal bank regulators from taking certain actions against financial institutions servicin ....

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