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

A Blog About Current Issues in White Collar Defense

Can prosecutors attach a Global Positioning System device to a criminal suspect’s car without a warrant in order to track his movements for weeks or even months? The D.C. Circuit answered this very 21st-century criminal procedure question last August with a resounding “no.” An ideologically diverse panel composed of Judges Douglas Ginsburg, David Tatel, and Thomas Griffith unanimously ruled that this kind of round-the-clock surveillance requires prosecutors first to go to a judge and get a warrant based on probable cause. The court found that the act of attaching the GPS device to a suspect’s vehicle is a “search” that requires a warrant under the Fourth Amendment because this type of surveillance is so pervasive and invasive that no one would have a reasonable expectation that it would occur. “It is one thing for a passerby to observe or even to follow someone during a single journey as he goes to the market or returns home from work,” Ginsburg wrote for the unanimous panel in the case of United States v. Maynard.... Read more

The following opinion article by Ifrah PLLC founding partner A. Jeff Ifrah and associate Steven Eichorn appeared in the National Law Journal on October 11, 2010. Banned from the Internet Prohibiting a defendant on probation from conducting any business online is overly restrictive and not reasonably related to legitimate sentencing goals. By A. Jeff Ifrah and… Read More

blog image
October 7, 2010

Plea in Major FCPA Case Raises Entrapment Issues

By: Ifrah Law

Government informant Richard Bistrong’s recent guilty plea to Foreign Corrupt Practices Act charges will probably fuel arguments that defendants in the largest-ever FCPA case were entrapped.  While those arguments may not succeed, they do have merit.   Best known as “Individual 1” in the so-called Africa Sting case, Bistrong helped the FBI build the single… Read More

blog image
September 28, 2010

Too Little, Too Late for Defense Argument?

By: Ifrah Law

The U.S. Court of Appeals for the 1st Circuit is considering whether the government’s belated disclosure of potentially exculpatory evidence deprived criminal defendant Amit Mathur of a fair trial. The fact that Mathur’s counsel received some of the evidence after the government’s case in chief and declined to use it in Mathur’s defense makes it… Read More

blog image
September 27, 2010

Fourth Amendment the Loser in BALCO Ruling

By: Ifrah Law

A recent ruling of the U.S. Court of Appeals for the 9th Circuit is a win for Major League Baseball players whose drug-testing records must now be returned to them after they were improperly seized in a 2002 federal steroids probe. But it’s not a win for Fourth Amendment values. In a September 13, 2010,… Read More

Is there a way to hold a government agency like the Federal Trade Commission (FTC) accountable for the cost to businesses of what a company says are abrupt and systemic changes in regulatory standards? POM Wonderful LLC, a Los Angeles-based juice company, is trying to do just that by suing the FTC in District Court…. Read More

When is a company obliged to pay the legal fees of a wayward employee? The answer generally depends on the precise wording of the employee agreement, if an agreement exists.   A good case in point is the recent one of Frances Flood, the CEO of ClearOne Communications, who left the company in 2004 while… Read More

The impeachment trial of U.S. District Judge G. Thomas Porteous Jr. is continuing before a U.S. Senate committee. Porteous, a federal judge in New Orleans, is accused of four counts of corruption. Each count is referred to as an article of impeachment. The first article of impeachment involves what some have described as a “kickback”… Read More

Last month, a federal grand jury indicted former Major League Baseball pitcher Roger Clemens on charges of obstruction of Congress, making false statements, and perjury. The six-count indictment alleges that Clemens obstructed a congressional inquiry in 2008 and lied to a House committee in 15 statements under oath, including denials that he had never used… Read More

We noted last May that the popular Craigslist website faced major flak from state attorneys general and from anti-prostitution groups over its “Adult Personals” section, which many say was a thinly veiled venue for prostitution. On September 3, Craigslist abruptly discontinued the “Adult Personals” section and replaced the link with the word “Censored.” Craigslist didn’t… Read More

Page 36 of 41« First...102030...3435363738...Last »