Category: Federal Criminal Procedure

December 12, 2011

Judge Dismisses Lindsey FCPA Case, Finding Prosecutorial Misconduct

In May 2011, a federal jury in Los Angeles convicted Lindsey Manufacturing Co., its president Keith Lindsey, and CFO Steve Lee, on foreign bribery charges for their dealings with Mexico’s state-owned electricity utility, Comision Federal de Electricidad. The prosecutors claimed that Lindsey Manufacturing retained Enrique Aguilar, a Mexican company representative, after repeatedly failing to win… Read More

December 6, 2011

Ifrah Law Blog Wrap-Up for November 2011

In November 2011, we at Ifrah Law expressed our views on a number of current issues in our blogs, Crime in the Suites and FTC Beat. This post summarizes and wraps up our thoughts from the month.   ACLU Wins FOIA Appeal on Prosecutors’ Use of Cell Phone Location Data The Justice Department must turn… Read More

November 3, 2011

ACLU Wins FOIA Appeal on Prosecutors’ Use of Cell Phone Location Data

For some time now, the American Civil Liberties Union has been concerned about some federal prosecutors’ practice of seeking court orders to track the location of people’s cell phones without probable cause, arguing that this practice infringes on privacy rights and violates the Fourth Amendment. Last month, the ACLU claimed victory in one of several… Read More

October 26, 2011

Spurned Juror Loses in Court, But His Efforts Lead to New D.C. Court Rule

A former juror in Washington, D.C., recently lost a District Court ruling stemming from his dismissal from a grand jury panel in 2001, but his case appears to have brought about needed change in the jury system there. Peter Atherton, a nuclear engineer, was scheduled to serve on the grand jury for 25 days, beginning… Read More

September 22, 2011

No Attorney’s Fee Award for This Type of Prosecutors’ Misconduct

The case of United States v. Shaygan recently made the news when the U.S. Court of Appeals for the 11th Circuit overturned a district court’s award of $600,000 in attorney’s fees to a defendant who was the victim of prosecutorial misconduct. The misconduct was indeed egregious — including recording conversations between a lawyer and a… Read More

August 5, 2011

Major FCPA Case in Jeopardy Because of Prosecutors’ Errors

In late June, U.S. District Court Judge Howard Matz of the Central District of California, the judge in the Foreign Corrupt Practices Act (FCPA) case against Lindsey Manufacturing Co. and two of its executives, invited both sides to submit briefs on the question of whether the defendants’ convictions should be dismissed. It had been revealed… Read More

June 13, 2011

Disqualification of AUSA in Scruggs Case Is Message to Prosecutors

The botched prosecution of Senator Ted Stevens was a wake-up call of sorts for the U.S. Department of Justice that there would be severe consequences for prosecutors who did not comply with obligations under Brady and related cases. The Department took another hit recently when a federal judge removed an Assistant United States Attorney from… Read More

May 18, 2011

Ifrah Law’s Blog Wrap-Up, May 1-13

This is the fifth of a regular series of posts that summarize and wrap up our latest thoughts that have appeared recently on Ifrah Law’s blogs. 1. Bank Hit With FCA Complaint Over Mortgage Lending The Justice Department uses a Civil-War era statute in a very unusual context – to try to recover more than… Read More

May 13, 2011

Supreme Court May Examine GPS Surveillance Issue

Last October, we reported on a unanimous ruling by the U.S. Court of Appeals for the D.C. Circuit, holding that prosecutors must obtain a warrant before attaching a GPS device to a criminal suspect’s car. The court found in that case that the act of attaching such a device to a suspect’s vehicle is a… Read More

March 18, 2011

‘Taking the Fifth’ Before Congress: A New Ethics Twist

It’s unethical for a prosecutor to put a witness on the stand in a criminal trial when he or she knows in advance that the witness is going to take the Fifth Amendment and refuse to testify at all. Legal ethics authorities reason that the only effect of that kind of testimony is not to… Read More

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