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Crime in the Suites An Analysis of Current Issues in White Collar Defense

A Blog About Current Issues in White Collar Defense

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 Blackhawks owner and liquor distributor Rockwell Wirtz as violating the Illinois constitution’s “single subject” clause -- a constitutional provision intended to prevent logrolling, or the attachment of unpopular measures to popular legislation in order to get the unpopular measures passed. Wirtz contended that the legislation’s many facets – from raising taxes on candy and liquor, to establishing video gaming, to funding studies on public lotteries – were not sufficiently related to one another as required by the single subject rule. But taking note of the government’s perspective that the omnibus bill’s provisions were all tied to raising money for capital projects, Illinois’ highest court held that there was a “natural and logical connection to the... Read more

The U.S. Court of Appeals for the 4th Circuit handed down a ruling earlier this month in United States v. Divens that made it harder for the government to refuse to grant a defendant an additional one-step downward departure for an acceptance of responsibility under United States Sentencing Guideline (U.S.S.G.) § 3E1.1(b). Under the guidelines, defendants… Read More

On July 14, 2011, Sen. Minority Whip Jon Kyl (R-Ariz.) and Senate Majority Leader Harry Reid (D-Nev.) sent a letter to U.S. Attorney General Eric Holder asking the Department of Justice to clarify its position regarding enforcement of online gambling laws. The tone of the letter suggests that Sen. Reid, who has been a supporter… Read More

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 More

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 More

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… Read More

Business is booming at America’s for-profit colleges. With steady high unemployment rates, many of the job-hungry have opted to pursue higher or specialized degrees in an effort to make themselves more marketable. Pricy for-profit institutions, like the 400,000 strong University of Phoenix, are flourishing with this increased demand as students flock to their courses to… Read More

New updates to the FBI’s agent manual, the Domestic Investigations and Operations Guide (DIOG), greatly expand the FBI’s powers to search for information relating to groups or individuals who are not suspected of wrongdoing. The DIOG, which has been described as a collection of procedures, standards, approval levels, and explanations, to be used by FBI… Read More

Eight months seems a harsh sentence for a juror who made some ill-considered Facebook posts. Harsh, that is, until you hear the facts. The proceeding against U.K. resident Joanne Fraill is one of the first contempt prosecutions ever against a juror for improper Internet use. And the punishment she received is a reminder that, when… Read More