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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

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 an analysis of bills introduced in and/or enacted by Congress during the 2005-06 legislative session -- reports that a "recent proliferation of federal criminal laws has produced scores of criminal offenses that lack adequate mens rea requirements and are vague in the conduct they criminalize." Notably, the study did not compare 2005-06 to any previous year, so it is unclear whether 2005-06 is one point on a relatively flat continuum or a sharp departure from previous legislatures. Obviously, the study is intended for lawmakers and attorneys -- not for would-be criminals, who are unlikely to consult the U.S. Code for guidance as to what state of... 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