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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

On April 30, 2010, David Kernell, son of a Democratic Tennessee lawmaker, was found guilty by a federal jury of obstruction of justice and unauthorized access to a computer for hacking into then-Vice Presidential candidate Sarah Palin’s Yahoo! e-mail account. Kernell was acquitted on a charge of wire fraud, and the jury deadlocked on a charge of identity theft, which prosecutors reserved the right to retry. Attorneys for the 22-year-old college student maintained that the hack was merely a college prank. In fact, after posting snapshots of the contents of Palin’s e-mail and personal information online, Kernell admitted that the hack was relatively simple. By his account, the hack involved a simple reset of Palin’s password using her date of birth, zip code and personal information obtained through a Google search to answer the security question to her Yahoo! account. When Kernell learned of a possible FBI investigation into his behavior, he deleted the records and documents that pointed to him. Kernell now faces up to 20 years in prison... Read more
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May 26, 2010

Is Virginia Real?

By: Ifrah Law

U.S. Attorney Neil MacBride of the Eastern District of Virginia has been in the news of late. Last week, he announced plans to pursue prosecutions of high-profile securities-fraud cases in his district. For years, securities-fraud cases have been, with rare exception, primarily handled by the Southern District of New York. MacBride takes comfort in a… Read More

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May 22, 2010

Is Craigslist Eligible for Immunity?

By: Ifrah Law

Connecticut Attorney General Richard Blumenthal and a coalition of 39 attorneys general have long accused Craigslist of furthering prostitution and human trafficking. Blumenthal’s May 3, 2010, subpoena to Craigslist has reignited the debate over the online bulletin board’s responsibility for prostitution ads posted on its site. Craigslist is clearly fighting back. Its CEO, James Buckmaster,… Read More

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May 18, 2010

What Is Cyberwar?

By: Ifrah Law

At a blue-ribbon Worldwide Cybersecurity Conference in Dallas from May 3 to May 5, 2010, media reports noted that some discussion focused on the use of the term ”cyberwar,” which is often used to refer to the activities of hackers and others who steal online secrets, disrupt computer systems and other infrastructure, and engage in… Read More

On June 22, 2010, Chief U.S. District Judge Linda Reade of the Northern District of Iowa will impose a sentence on Sholom Rubashkin, formerly the plant manager at Agriprocessors, Inc., the now-defunct Postville, Iowa, kosher slaughterhouse. The sentencing comes more than two years after a massive immigration raid that netted a total of 289 undocumented… Read More

Last week, bloggers Solomon Wisenberg (Letter of Apology blog) and Professor Douglas A. Berman (Sentencing Law and Policy blog) reported that the Heritage Foundation and the National Association of Criminal Defense Lawyers released a joint report entitled “Without Intent: How Congress Is Eroding the Criminal Intent Requirement in Federal Law.” The study — based on… Read More

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November 2, 2009

Not so Fast Kentucky

By: Ifrah Law

When the Commonwealth of Kentucky petitioned the Franklin Circuit County Court to seize www.fulltiltpoker.com, Pocket Kings Limited, asked a U.K Chancery Court to injoin FTP’s registrar, Safenames Limited, from complying with the Kentucky trial court order.  In an order dated October 22, 2009, the Chancery Court granted Pocket King’s request and declared that Safenames shall not comply… Read More

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Poker as a Game of Skill

By: Ifrah Law

Whether poker is determined to be a game of chance or a game of skill has tremendous implications for defendants charged under state and federal gambling laws.  This issue was recently litigated by a group of defendants charged under state gambling laws in South Carolina.  The defendants demonstrated to the satisfaction of the trial court… Read More

On October 22, 2009, the Supreme Court of Kentucky heard oral arguments in the above referenced case. The case originated when the Commonwealth of Kentucky filed civil seizure and forfeiture proceedings against 141 domain names – virtually all of which offered or involved internet gaming. The Commonwealth contended that domain names constitute gambling devices under… Read More

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