Appeals Court Limits Scope of ‘Intended Loss’ in Sentencing Guidelines
The U.S. Court of Appeals for the 10th Circuit recently considered what type of proof is required for a sentence enhancement based on “intended loss” under the U.S. Sentencing Guidelines. The court held that a loss enhancement applies only to losses the defendant purposely sought to inflict, not losses the defendant merely knew would occur…
Read MoreNo Attorney’s Fee Award for This Type of Prosecutorial 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 MoreProsecutors’ Misconduct Is More Than Just ‘Honest Mistakes’
A federal judge in the District of Columbia recently ruled that the U.S. Department of Justice will be allowed to retry star pitcher Roger Clemens on perjury charges after a mistrial was declared earlier this summer when the prosecution made reference to inadmissible evidence in open court. The government claimed that its violation of court…
Read MoreJudge Delivers Rebuke to Prosecutors in Sentencing NSA Official
The recent sentencing of a government intelligence official saw a dramatic and unusual rebuke of the U.S. Department of Justice by a federal judge. Four years after searching the home of National Security Agency official Thomas Drake, who was suspected of illegally leaking classified information to a reporter, and more than year after actually indicting…
Read MoreMajor 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 MoreIs Unsealing False Claims Act Complaints the Right Answer?
Companies should make vigorous efforts to unseal civil False Claims Act complaints against them earlier in the process in an effort to achieve better results, argues Michael K. Loucks, a former acting U.S. attorney for the District of Massachusetts who is currently a Boston-based partner in a major law firm. Loucks also co-authored a post…
Read MoreIllinois Court Ruling Upholds State’s New Video Gaming Act
In a 7-0 decision, the Illinois Supreme Court recently upheld legislation that will allow video gaming in the state for the first time. Earlier this month, the court ruled in favor of the Illinois legislature’s 2009 omnibus bill for funding capital projects that included the Video Gaming Act. The legislation had been challenged by Chicago…
Read MoreCourt: Prosecutors Need to Probe Witness’s Veracity When Challenged
On June 17, 2011, the U.S. Court of Appeals for the 7th Circuit ruled in United States v. Freeman that federal prosecutors in criminal cases have an affirmative duty to investigate the viability of a defense challenge regarding whether a cooperating witness could be lying on the stand. This requirement, as expressed in this new…
Read MoreJournalist Challenges DOJ Subpoena, Claims Reporter’s Privilege
James Risen, an investigative journalist for The New York Times, is currently challenging a subpoena issued by the U.S. Department of Justice seeking testimony from him against a CIA agent accused of leaking classified information. The subpoena highlights a trend in which the government attempts to use journalists’ testimony against government employees who reveal information…
Read MoreMassachusetts Cracks Down on Gambling at Internet Cafes
Last month, citing evidence that illegal gambling was going on at “Internet cafés” throughout the state, Massachusetts Attorney General Martha Coakley issued a new permanent regulation banning gambling at such places. The regulation bans the operation of establishments “where a gambling purpose predominates over the bona fide sale of bona fide goods or services” – in…
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