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Investigations Posts
DOJ Official Seeks to Clear Her Name After Contempt Charge
Jul 19, 2010
DOJ Official Seeks to Clear Her Name After Contempt Charge
A recent filing in the U.S. District Court for the District of Columbia uncovered a sidelight to the story of the botched prosecution of former Sen. Ted Stevens (R-Alaska). In April 2009, U.S. District Judge Emmet Sullivan set aside the verdict in the criminal case against Stevens and dismissed the case on the grounds of…
Arizona Immigration Statute: DOJ Raises Law Enforcement Issues
Jul 12, 2010
Arizona Immigration Statute: DOJ Raises Law Enforcement Issues
On July 6, 2010, the U.S. Department of Justice filed a lawsuit seeking to prohibit the enforcement of the controversial new anti-immigration law passed by the state of Arizona in April. See, for example, the helpful summary in the blog of Legal Times. DOJ is seeking declaratory and injunctive relief to prohibit the enforcement of…
Federal Criminal Charges Dropped — But Reputations Damaged
Jul 8, 2010
Federal Criminal Charges Dropped — But Reputations Damaged
A recent Bloomberg News article points to a disturbing trend – a dramatic increase in ultimately unsupportable white-collar federal indictments. In recent years, a growing number of executives have been indicted for corporate crimes and then had the charges dropped. From 2006 to 2008, the most recent period available, U.S. prosecutors dismissed charges against 42…
Has the FBI Gone Too Far in Investigating White-Collar Crime and Fraud?
Jul 2, 2010
Has the FBI Gone Too Far in Investigating White-Collar Crime and Fraud?
A recent Wall Street Journal article describing the FBI’s use against suspected financial criminals of techniques normally used to hunt terrorists shows how seriously white-collar crime is being viewed these days. It also vindicates those who sounded warning bells after 9/11 when Americans were asked to trade civil liberties for the promise of national security. …
Judge Weighs In on DOJ ‘Side Agreement’ With Bank
Jun 8, 2010
Judge Weighs In on DOJ ‘Side Agreement’ With Bank
In a rare occurrence, a so-called deferred prosecution agreement entered into by the U.S. Department of Justice with a target of a criminal investigation has been subject to scrutiny by a federal judge, and the result wasn’t favorable to the government. In fact, a judicial ruling in the case of a fired Miami bank executive…
Heritage, NACDL Session Weighs In on Criminal Intent
Jun 3, 2010
Heritage, NACDL Session Weighs In on Criminal Intent
An unusual coalition of the conservative Heritage Foundation and the National Association of Criminal Defense Lawyers (NACDL) recently issued a study entitled “Without Intent: How Congress Is Eroding the Criminal Intent Requirement in Federal Law.” See this blog’s discussion at Crime in the Suites: Has Congress Eroded the Intent Requirement in Criminal Law? and the discussions…
Is Virginia Real?
May 26, 2010
Is Virginia Real?
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…
