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

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

December 10, 2019

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… Read More

February 14, 2019

The Cliffhanger – Paul Manafort’s Sentencing Drama

A hit man walks into a restaurant where Tony Soprano and his family are eating dinner while the jukebox blares a Journey song. The last show of the highly successful series ends with an abrupt cut to black before the audience knows the fate of Tony and his family. The end of The Sopranos series… Read More

September 28, 2018

How One Simple Meeting Presages the Future of Federal Prosecution

For many years, it has been the federal government, with its multitude of prosecutorial and regulatory arms, that has been able to throw its policing weight around, causing business owners to snap to attention with a crisp salute.  But as the traditional business model has morphed into clouds of technology-driven, international and multinational enterprises, this… Read More

January 8, 2018

Speed Bump or Dead End? The 2018 Retrial Prospects for Sen. Menendez

This holiday season was undoubtedly festive for Senator Bob Menendez, whose corruption trial ended with a deadlocked jury in mid-November.  The Department of Justice (DOJ) has yet to announce whether it will elect to re-try the New Jersey senator, but here are some of the factors they will, and will not, consider in making that… Read More