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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

February 19, 2016

FBI Recruits Apple to Help Unlock Your iPhone

By: Ifrah Law
It is a well-known maxim that “bad facts make bad law.”  And as anybody even casually browsing social media this week likely has seen, the incredibly tragic facts surrounding the San Bernadino attacks last December have led to a ruling that jeopardizes the privacy rights of all law-abiding Americans. First, it is important to clearly understand the ruling.  After the horrific attack in San Bernadino on December 2, 2015, the FBI seized and searched many possessions of shooters Syed Rizwan Farook and Tashfeen Malik in their investigation of the attack.  One item seized was Farook’s Apple iPhone5C.  The iPhone itself was locked and passcode-protected, but the FBI was able to obtain backups from Farook’s iCloud account.  These backups stopped nearly six weeks before the shootings, suggesting that Farook had disabled the automatic feature and... Read more

As a matter of course, federal prosecutors often pile on charges in order to strong-arm defendants into entering a favorable guilty plea quickly. Those who exercise their jury trial right and put the government to its proof often receive harsh sentences based on these overreaching indictments. But last week, a federal judge in Oklahoma took… Read More

Is It Ever Okay to Share Passwords?
November 4, 2015

Is It Ever Okay to Share Passwords?

By: Ifrah Law

If you’ve ever let your kids sign into your Netflix or HBO Go account, or given your marketing department access to your Twitter feed, you may be committing a federal crime, depending on how the Ninth Circuit rules on a case argued before it just last month. The case, United States v. Nosal, is the… Read More

Beating their chests and breathing fire to rouse the polity, the Department of Justice recently came out with an announcement as earth shattering as the sun rising. The DOJ proclaimed it has adopted new policies to prioritize the prosecution of individuals for white-collar crime. Deputy Attorney General, Sally Q. Yates, was quoted in the New… Read More

A Canadian federal court recently released an opinion holding that meta tags, at least in some circumstances, are not entitled to copyright protection.  Although the precedent is not binding in American courts, the well-reasoned opinion provides an excellent logical analysis on why meta tags may or may not be afforded copyright protection. In Red Label… Read More

    The government has voluntarily dismissed its case against Jae Shik Kim, the South Korean businessman for whom Ifrah Law obtained a motion to suppress in federal court.  In 2012, Mr. Kim was stopped by federal agents as he tried to board a plane to South Korea from LAX.  The government seized his laptop… Read More

In an ironic twist, the U.S. Justice Department unsealed a 47-count indictment this morning charging nine present and former officials of the Federation Internationale de Football Association (better known by its acronym, FIFA) and five sports marketing executives with fraud, racketeering, bribery and money laundering. The guilty pleas of four individuals and two entities relating… Read More

Cell Tower Location Data Privacy Decision Reversed
May 18, 2015

Cell Tower Location Data Privacy Decision Reversed

By: Jeffrey Hamlin

Last July, we reported on United States v. Davis, an Eleventh Circuit decision in favor of privacy rights. In that case, a three-judge panel held that cell phone users have a reasonable expectation of privacy in their cell phone location data. If the government wants to collect the data, it must first obtain a probable-cause… Read More

Photo: “LAX-International-checkin” by TimBray at en.wikipedia.   Developments in law are sluggish compared to the rapid rate of technological advancement, and courts must constantly apply old legal principles to technologies which were not contemplated at the time the laws were enacted.   Recently, technology has been at the forefront of privacy rights debates, in light of… Read More