Category: Federal Sentencing

March 2, 2017

When A Threat Becomes A Crime

A Miami Beach man was recently accused of threatening President Trump on Twitter. He sent the threat directly to Secret Service, challenging them to stop his Inauguration Day surprise. They did, and Dominic Puopolo, who used the screen name of Lord Jesus Christ, is now in federal custody. Sending a threat to the President, to an ex-wife,… Read More

March 7, 2016

Even Bad Guys Have Rights

This article first appeared February 29, 2016, on FEE.org – you can access this version here. Remember Martin Shkreli, the “pharma bro” notorious for raising the price of his company’s life-saving drug by some 5,000 percent? Did you know he was recently arrested for securities fraud (completely unrelated to the drug hike)? It didn’t take long… Read More

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

February 27, 2015

SCOTUS Rules No Felony for Throwing the Little Ones Overboard

This week, the United States Supreme Court resolved some fishy matters on which prosecutors sought to base a federal felony conviction. The case, Yates v. United States, arose from a offshore inspection of a commercial fishing vessel in the Gulf of Mexico. During the inspection, a federal agent found that the ship’s catch contained undersized… Read More

February 25, 2015

Court Reins In Prosecutorial Overreach in Insider Trading Cases

In an effort to reinstate powers stripped from them by the Court of Appeals in U.S. v. Newman and Chiasson, prosecutors have sought a rehearing of the landmark Second Circuit decision which severely curtailed the scope of insider trading cases. The case is one which has already seen a dramatic reversal, so it is perhaps… Read More

January 6, 2015

Even Governors Go To Jail

Photo Credit:  Steve Helber, AP This afternoon, the long-running saga of Robert McDonnell came to what may be the end (not counting appeals) when the former Virginia Governor was sentenced to serve two years in prison after a jury convicted him of bribery while in office.  As with many cases, this one has lessons to… Read More

May 8, 2014

Ifrah Law Report: Johns Hopkins Symposium on Social Costs of Mass Incarceration

On April 28, 2014, Ifrah Law attorneys Jeff Hamlin and Casselle Smith attended a symposium on incarceration presented by The Johns Hopkins University and its Urban Health Institute. The day–long program focused on adverse impacts of mass incarceration and potential strategies for mitigating them and reversing trends toward continued prison growth. Throughout the day, panels… Read More

November 15, 2013

Peugh Ruling Affirms Sentencing Guidelines at the Time of the Crime are Applicable

In a key sentencing decision handed down this year, the United States Supreme Court held that the Ex Post Facto Clause is violated when a defendant is sentenced under provisions of the Federal Sentencing Guidelines promulgated after he committed the crime and those new provisions result in an increased risk of greater punishment. In addition… Read More

August 15, 2013

Was This Sentence Quite Excessive for a Bizarre Fraud Scheme?

A $3 billion fraud scheme, more farcical than dangerous and in any case doomed to fail, led to 20-year sentences in federal prison for all four conspirators. The U.S. Court of Appeals for the 2nd Circuit, however, vacated the sentences on procedural grounds, and U.S. District Judge Stefan R. Underhill of the District of Connecticut,… Read More

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