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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

If anyone needed evidence that federal and local prosecutors are taking cybercrime seriously and in some cases pushing for tougher enforcement, just look at a domain name seizure announced recently in New York City. At the request of federal prosecutors in Manhattan and Immigration and Customs Enforcement agents, a magistrate judge seized 10 websites that prosecutors allege illegally streamed live sporting events in violation of the copyrights of the National Football League, the National Basketball Association, World Wrestling Entertainment, and others. Preet Bharara, U.S. attorney for the Southern District of New York, pointed out that the seizure took place just a few days before the Super Bowl and that illegal streaming hurts the leagues, broadcasters, and sports fans. While we do not condone copyright infringement, we are concerned that this action may foretell the start of an effort by prosecutors to push the limits of the statute that permits a judge to order the seizure of a website. In the name of alleged criminal copyright infringement, prosecutors may begin to... Read more

The two iPad hackers who obtained the personal data of approximately 120,000 iPad users by exploiting a security weakness in AT&T’s resubscription page are now facing federal charges and potential jail time. After the hackers publicized their activities, the FBI started an investigation that ended with criminal charges against the hackers. The hackers were charged… Read More

The U.S. Department of Justice — possibly stung by several recent instances of prosecutorial misconduct, many of which were outlined in a USA Today investigation — has set up a new unit to review instances of intentional or reckless conduct by its attorneys. The new Professional Misconduct Review Unit, announced last month, will be headed… Read More

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February 2, 2011

Is D.C. on the Way to Legalizing Online Poker?

By: Ifrah Law

An amendment introduced to the District of Columbia Fiscal Year 2011 Budget Support Act and approved with little fanfare or advance warning could signal a major change in the law of i-gaming. The amendment, introduced by at-large Democrat Councilmember Michael A. Brown, would allow the D.C. Lottery to administer online poker by defining the D.C…. Read More

This is the first of a regular series of posts that summarize and wrap up our latest thoughts that have appeared recently on Ifrah Law’s two blogs. 1. Can Police Read a Suspect’s Text Messages Without a Warrant? What happens when the usual rules of search and seizure collide with the new world of information in… Read More

We first posted about Sholom Rubashkin—the former plant manager at the now-defunct Agriprocessors, Inc. — back in May 2010, when Rubashkin was awaiting sentence for more than 80 counts of fraud in connection with his operation of the kosher slaughterhouse. Since then, Chief U.S. District Judge Linda Reade of the Northern District of Iowa sentenced… Read More

The text messages in a defendant’s cell phone are in no way different, for the purposes of a police search after an arrest, from the defendant’s clothing or a cigarette package. That was the holding of the California Supreme Court on January 3, 2011, in People v. Diaz, a case in which the state’s highest… Read More

On January 7, 2011, the D.C. Circuit threw out the conviction of former D.C. government employee Ikela Dean, noting that while she might be guilty of something, she was not guilty of the offenses for which she was indicted. Dean, a former employee of the D.C. Department of Consumer and Regulatory Affairs, was involved with reviewing… Read More

It appears that New Jersey will very soon become the first state to legalize and regulate Internet gambling. On January 10, 2011, the New Jersey State Assembly overwhelmingly passed an online gaming bill. This bill was passed by the state Senate, also overwhelmingly, late last year, and all that remains for the bill to become… Read More

The charges against Jared Loughner for shooting Representative Gabrielle Giffords put into sharp focus a little-known federal statute, 18 U.S.C. 351. This law provides for a death penalty for killing a member of Congress, a presidential or vice presidential candidate, or a Supreme Court justice, as well as imprisonment up to life for attempting to… Read More

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