Online Poker: A New Way to Bank?
In light of Tax Day (note that it’s on the 18th of April this year due to a holiday on the 15th) we want to point out a curious ramification from a federal case concerning online gambling, tax reports, and foreign accounts. In United States v. Hom [1], the defendant, John C. Hom, was an…
Read MoreEven Bad Guys Have Rights
This article first appeared February 29, 2016, on FEE.org – you can access this version here. Remember Martin Shkreli, the “pharma bro” notorious for raising the price of his company’s life-saving drug by some 5,000 percent? Did you know he was recently arrested for securities fraud (completely unrelated to the drug hike)? It didn’t take long…
Read MorePolice Make iPhone Public Enemy No. 1
FBI Director James Comey took a rare break from the posturing typical of investigators and prosecutors in the current showdown between Apple and the FBI. While prosecutors argue that Apple’s privacy concerns are a smokescreen to avoid “assist[ing] the effort to fully investigate a deadly terrorist attack,” Comey posted a statement over the weekend in…
Read MoreFBI Recruits Apple to Help Unlock Your iPhone
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…
Read MoreNormandie Casino Operator Pleads Guilty to Charges Stemming from Protection of High-Rollers
Despite the old saying “the customer is always right,” the law places limits on customer service in the casino industry. Normandie Casino has found this out the hard way. The operator of the casino has agreed to plead guilty to charges that it violated anti-money laundering provisions of the Bank Secrecy Act, according to a…
Read MoreOklahoma Judge Rejects Penalties for Rolling the Dice Before a Jury
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 MoreIs It Ever Okay to Share Passwords?
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 MoreDOJ uses White Collar Prosecution for Election-Season Rabble Rousing
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 MoreCopyright & Trademark Protections- Is Metadata Included?
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 MoreGovernment Dismisses Its Case After Warrantless Airport Laptop Search
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