“Google mistrials” are in the news again. Every few years, we hear about mistrials being declared because jurors were caught researching the facts online. It’s not a new phenomenon — there have always been jurors who felt the urge to find out for themselves what really happened — all that’s...
Starting in November, we’ve predicted two alternative reactions that Sudan’s Omar al-Bashir could have if the ICC issued an arrest warrant. On the one hand, he could start acting all cooperative, and thereby appease a U.N. Security Council that wants any excuse to avoid ICC action here. On the...
Judge Posner issued a scathing decision yesterday for the 7th Circuit, reversing a jury’s fraud conviction and directing an acquittal. Why? Because the only fraudulent misrepresentations were those of the prosecutor. The decision is great, and we plan to use some of it in our own future arguments. Sadly, it...
There has been a spate of news articles over the past week about a supposedly new teen trend called “sexting” — basically kids taking nude photos and sending them to each other’s cell phones and computers. The articles follow a Today Show interview with the mother of a girl who...
Few would deny that 32 years is a long time to spend in jail. It’s a long time to spend on death row, as well. But is delaying the execution — particularly when the delay is caused by the convict’s own appeals — cruel and unusual punishment violating the 8th...
The Supreme Court ruled today that defense attorneys assigned by the state are not government actors, merely because the government assigns and pays them. They are attorneys for the defendant, and their actions are actions of the defense, not the government. This seems like a no-brainer. Every defense attorney knows...
A couple of weeks ago, we were at a luncheon with some white-collar defense attorneys, listening to a presentation by the acting U.S. Attorney, Lev Dassin. Mr. Dassin let us know that, although he couldn’t spill any particulars, there are a number of ongoing investigations at the Southern District...
The ICC has, at long last, issued a warrant for Sudan’s military dictator, Omar al-Bashir, on charges of war crimes and crimes against humanity. Although the anticipated charge of genocide was left out, it remains a historical moment, as this is the first time the ICC has charged the...
A “Martha Stewart moment” is that unhappy moment during a white-collar investigation when one’s client misleads the investigators. A client who may have escaped prosecution entirely has now practically ensured that she will be prosecuted. If his client must speak with investigators, a good attorney tries to prepare her well,...
18 U.S.C. § 1346 expands the definition of mail & wire fraud to include “a scheme or artifice to deprive another of the intangible right of honest services.” That’s short and sweet, but what does it mean? The courts have been left to define the crime for themselves. Unfortunately, they...
We took an unexpected trip out of state until yesterday, and so haven’t had a chance to catch up on the latest in the ongoing saga involving allegations of prosecutorial misconduct in the Sen. Ted Stevens case. When last we left off, District Judge Emmet Sullivan had ordered a status...
Here in Manhattan, we like to brag that we’ve got the busiest courthouse in the world. But at least the system can handle it. According to Tuesday report from the chief justice of the New Delhi High Court, however, the courts in India are all just as busy, but the...
First, a recap: Last July, former Alaska Senator Ted Stevens was indicted on seven counts of failing to report gifts he’d received, including renovations to his house in excess of what he’d paid for, but mostly goods and services from oil tycoon Bill Allen. Sen. Stevens pled not guilty, and...
A panel of three federal judges yesterday essentially ordered the State of California to reduce its prison population by as much as 57,000 people, because crowding is causing violations of prisoner rights. This doesn’t mean that wardens will be releasing thousands of hardened criminals back onto the streets, but it...
Gang crime is on the rise, the FBI reports. The politicians and prosecutors, however, are focusing on white-collar crime these days. Here’s a look at why this is happening. Gang crime seems to have increased, ironically, as a result of improved anti-gang law enforcement in the big cities. According to...
Recent Comments