Insights < BACK TO ALL INSIGHTS
Investigations Posts
Options for Suing the Federal Government Under Bivens Unlikely to Expand
Nov 7, 2011
Options for Suing the Federal Government Under Bivens Unlikely to Expand
In 2001, federal inmate Richard Lee Pollard sustained two broken elbows after tripping over a cart in a privately operated prison housing federal inmates. He sued five prison employees for their actions after his injuries. On Nov. 1, 2011, the Supreme Court held oral argument in Minneci v. Pollard and considered the possibility of creating…
Major FCPA Case in Jeopardy Because of Prosecutors’ Errors
Aug 5, 2011
Major FCPA Case in Jeopardy Because of Prosecutors’ Errors
In late June, U.S. District Court Judge Howard Matz of the Central District of California, the judge in the Foreign Corrupt Practices Act (FCPA) case against Lindsey Manufacturing Co. and two of its executives, invited both sides to submit briefs on the question of whether the defendants’ convictions should be dismissed. It had been revealed…
Is Unsealing False Claims Act Complaints the Right Answer?
Aug 3, 2011
Is Unsealing False Claims Act Complaints the Right Answer?
Companies should make vigorous efforts to unseal civil False Claims Act complaints against them earlier in the process in an effort to achieve better results, argues Michael K. Loucks, a former acting U.S. attorney for the District of Massachusetts who is currently a Boston-based partner in a major law firm. Loucks also co-authored a post…
Court: Prosecutors Need to Probe Witness’s Veracity When Challenged
Jul 25, 2011
Court: Prosecutors Need to Probe Witness’s Veracity When Challenged
On June 17, 2011, the U.S. Court of Appeals for the 7th Circuit ruled in United States v. Freeman that federal prosecutors in criminal cases have an affirmative duty to investigate the viability of a defense challenge regarding whether a cooperating witness could be lying on the stand. This requirement, as expressed in this new…
Massachusetts Cracks Down on Gambling at Internet Cafes
Jul 15, 2011
Massachusetts Cracks Down on Gambling at Internet Cafes
Last month, citing evidence that illegal gambling was going on at “Internet cafés” throughout the state, Massachusetts Attorney General Martha Coakley issued a new permanent regulation banning gambling at such places. The regulation bans the operation of establishments “where a gambling purpose predominates over the bona fide sale of bona fide goods or services” – in…
Feds Should Think Twice About Regulating For-Profit Colleges
Jul 13, 2011
Feds Should Think Twice About Regulating For-Profit Colleges
Business is booming at America’s for-profit colleges. With steady high unemployment rates, many of the job-hungry have opted to pursue higher or specialized degrees in an effort to make themselves more marketable. Pricy for-profit institutions, like the 400,000 strong University of Phoenix, are flourishing with this increased demand as students flock to their courses to…
New Guidelines Expand FBI’s Powers to Abuse Citizens’ Freedom
Jul 7, 2011
New Guidelines Expand FBI’s Powers to Abuse Citizens’ Freedom
New updates to the FBI’s agent manual, the Domestic Investigations and Operations Guide (DIOG), greatly expand the FBI’s powers to search for information relating to groups or individuals who are not suspected of wrongdoing. The DIOG, which has been described as a collection of procedures, standards, approval levels, and explanations, to be used by FBI…
Good-Faith Rule Applies to Document Destruction
Jun 20, 2011
Good-Faith Rule Applies to Document Destruction
Big cases can turn on a little rule of evidence called spoliation. The rule recognizes that a trial court has the inherent authority to sanction a party for destroying, altering, or failing to preserve property that the opponent could have used as evidence. A recent decision in the Eastern District of Virginia serves as a…
Black Friday Chills Legislative Momentum in Nevada and Elsewhere
May 25, 2011
Black Friday Chills Legislative Momentum in Nevada and Elsewhere
Just a couple of months ago, there was considerable optimism after the introduction of an interactive-gaming bill in the Nevada legislature that that state could be the first to legalize online poker. However, in the wake of last month’s “Black Friday” indictments, it now appears that the optimism was premature. The state legislature is clearly…
Federal Indictment in Maryland Reflects Continuing Crackdown on Gaming
May 24, 2011
Federal Indictment in Maryland Reflects Continuing Crackdown on Gaming
The U.S. Department of Justice is continuing its crackdown on the online gaming industry. On May 23, 2011, the U.S. attorney for the District of Maryland unsealed an indictment that charged several poker and gambling sites with illegal gambling and money laundering. Those indicted were ThrillX Systems, Ltd., d/b/a BetEd; Darren Wright; and David Parchomchuk,…
