Category: Federal Criminal (Other)

September 11, 2015

DOJ uses White Collar Prosecution for Election-Season Rabble Rousing

Beating their chests and breathing fire to rouse the polity, the Department of Justice recently came out with an announcement as earth shattering as the sun rising. The DOJ proclaimed it has adopted new policies to prioritize the prosecution of individuals for white-collar crime. Deputy Attorney General, Sally Q. Yates, was quoted in the New… Read More

June 2, 2015

U.S. Justice Department v. FIFA Executives and Others in Bribery Indictment

In an ironic twist, the U.S. Justice Department unsealed a 47-count indictment this morning charging nine present and former officials of the Federation Internationale de Football Association (better known by its acronym, FIFA) and five sports marketing executives with fraud, racketeering, bribery and money laundering. The guilty pleas of four individuals and two entities relating… Read More

May 18, 2015

Cell Tower Location Data Privacy Decision Reversed

Last July, we reported on United States v. Davis, an Eleventh Circuit decision in favor of privacy rights. In that case, a three-judge panel held that cell phone users have a reasonable expectation of privacy in their cell phone location data. If the government wants to collect the data, it must first obtain a probable-cause… Read More

November 25, 2014

The Crisis of New Jersey Courts and the Challenge to Judicial Recall

At the very core of judicial independence is the notion that courts and judges decide matters in accordance with the evidence and legal precedent, independent from political power or outside controls. The question of whether a bipartisan and independent judiciary is still alive and well in New Jersey has been called into question recently, as… Read More

November 24, 2014

Smart is the New Tough: A Changing Approach in America’s War on Drugs, Crime?

Fact: the United States incarcerates its citizens at the highest rate in the developed world. Indeed—save one small chain of islands, whose entire population is just a fraction of our prison population—the United States’ incarceration rate is the highest on the planet.  And nearly half of our approximately 1.75 million inmates are serving time for… Read More

September 24, 2014

The Road to True Threats is Paved with Intimidating Intentions

Recently, the Tenth Circuit Court of Appeals considered the dividing line between free speech guarantees and the state’s authority to criminalize threat speech. In United States v. Heineman, the court held that the government must prove specific intent in true-threat cases: to obtain a conviction, prosecutors must prove not just that the defendant intended to… Read More

September 10, 2014

More Money, More Problems – Another Billion Dollar Settlement for the DOJ

This summer BNP Paribas, one of the five largest banks in the world, agreed to a $9 billion settlement with the U.S. Department of Justice. The settlement figure may seem nothing short of economic shock and awe; indeed it was the largest criminal penalty in U.S. history. What could justify such a staggering fine and… Read More

September 8, 2014

The Hidden Regulatory and Licensing Consequences to a Conviction or Arrest

When it comes to a conviction, or even an arrest, the collateral consequences that are sometimes overlooked by client and counsel can be extremely damaging, especially when dealing with government agencies and programs. One such set of consequences is unique to contractors who do business with federal or state governments.  Because even a plea to… Read More

August 29, 2014

Collateral Damage: Criminal Convictions and the Lasting Consequences

  Prosecutors and often even judges do not appreciate the collateral consequences of a criminal conviction, regardless of whether it results from a trial or a plea agreement.  While the direct consequences of conviction are obvious – such as jail time, probation requirements, and fines – the collateral consequences are more insidious.  Yet sometimes those… Read More

August 14, 2014

DC Bans the Box

   MLive.com Graphic   Criminal defendants face a wide range of consequences for their alleged actions.  The high emotional and financial cost of defending a case may pale in comparison to the personal toll resulting from a conviction and the associated direct consequences including fines, penalties, remuneration, and incarceration. For most offenders, however, the longest-lasting… Read More

Page 2 of 1112345...10...Last »