Showing posts filed under: Crime in the Suites by James Trusty

August 23, 2021

Modern Day Ceasar Faces Brutal End

Last week’s Second Circuit Court of Appeals opinion in U.S. v. Sinmayah Ceasar, 2021 WL 3640387 (2nd Cir. Aug. 18, 2021) provides some insight into the challenging area of defining a “reasonable” sentence and ascertaining the circumstances when appellate courts might overturn a judge’s sentencing decision for being “unreasonably” lenient. The case against Ceasar was… Read More

August 2, 2021

Time to Face the (Hidden) Music

A Texas man named Guy Reffitt has found himself at the edge of the new legal frontier, a place where privacy rights and encrypted technology face aggressive prosecutors willing to push for their strongest criminal case. This Guy did not bring a lot of sympathy to the legal battle—he is alleged to have traveled from… Read More

June 29, 2021

Of Permits, Preliminary Injunctions, and Pine Beetles

Last Independence Day, there was a big firework show at Mt. Rushmore, the first one since 2009. President Trump joined Governor Kristi Noem, and the show was well-attended by South Dakotans and tourists alike. Governor Noem liked it so much that she put in for a permit this year, only to be rejected by the… Read More

May 19, 2021

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… Read More

March 25, 2021

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… Read More

August 17, 2020

Civil or Criminal Liability: Charging A Payment Processing Case by Coin Toss?

In the eyes of federal investigators, when is a payment processor considered a benevolent alternative to traditional banks, and when is it viewed as a shady facilitator of all things criminal?  In other words, is the client another Paypal or Venmo, or are we looking at a potential WireCard AG prosecution? We have noticed in… Read More

May 22, 2020

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… Read More

May 8, 2020

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… Read More

April 1, 2020

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… Read More

March 19, 2020

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… Read More