Biden’s aggressive Justice Dept – Civil Rights Division putting local police on notice. Here’s how

This article was originally published on FoxNews.com on May 16th, 2021. Department of Justice priorities obviously can change with new administrations, and history shows this with regularity. Attorney General Robert F. Kennedy was greatly concerned with the Mafia’s activities, and John Ashcroft wanted more obscenity and pornography prosecutions. Generally, the subject matter emphasis pops up and…

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When Double Jeopardy Means No Jeopardy

In March of 2019, on the afternoon in which Paul Manafort was sentenced to 7 ½ years in prison by the U.S. District Court in Washington, D.C., New York County District Attorney Cyrus Vance unveiled an indictment against Manafort for mortgage fraud and similar state offenses. As rumors had begun to swirl that President Trump…

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Going…Going…Ghosn

While much of the focus on the Japanese prosecution of high-profile executive Carlos Ghosn has been on his spectacular private jet escape from Japan while hidden in an instruments case, his prosecution actually raises much more profound issues about white collar criminal prosecution in Japan and in the United States. Ghosn is an indisputably talented…

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Death by a Thousand Cuts

When legal scholars look back at the failed Flynn prosecution, they will not be able to pin the dismissal on a single deficiency or legal principle, but if they are fair they will recognize a small case that was plagued with innumerable flaws. The DOJ Motion to Dismiss, filed in the rarified air of a…

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Videoconferencing to the Rescue

While the recent passage of the “Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is receiving tremendous attention because of its price tag, strategies to keep businesses and families afloat, and its hidden gems for beneficiaries like the Kennedy Center, it also has a component that is important for federal practitioners who handle criminal matters…

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How White Hats Get Dirty

Historically, undercover operations by law enforcement would run into problematic “loyalty tests,” designed to make sure that the criminal conspirators could trust the “new guy.” Biker gangs would ask this “pledge” to beat someone up or take drugs, knowing law enforcement agencies would likely not let that happen, even in an undercover capacity. Prostitution stings…

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A Tiny Crack in the Wall?

Federal sentencing proceedings have a long and rich history of including every speck of good and bad that a defendant brings to the table. Unlike the trial itself, there are no Rules of Evidence that apply to keep the factfinder from considering unreliable or unproven information. The judge need only find facts by a preponderance…

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Celebrating 10 Years by Strategizing with the Best

How do you celebrate ten years of defending people against a criminal justice system that plays with a stacked deck? Bring in a renowned journalist and legal commentator to talk problems and solutions. Emily Bazelon, a staff writer at New York Times Magazine and the Truman Capote Fellow for Creative Writing and Law at Yale…

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When a Guilty Plea is a Bad Gamble: SCOTUS Weighs in on Double Jeopardy and the Dual Sovereignty Rule

On Monday, the Supreme Court handed down Gamble v. United States, No. 17-646, an interesting decision on Double Jeopardy with practical and predictive ramifications beyond its limited facts. Terance Martez Gamble was caught possessing a loaded handgun in Mobile, Alabama, after previously having been convicted for robbery. He pleaded guilty and received one year in…

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