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Subpoenas Posts
Online Poker: A New Way to Bank?
Mar 30, 2016
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…
The Government’s [Subpoena] Power is Not Infinite
Feb 18, 2015
The Government’s [Subpoena] Power is Not Infinite
It’s not every day that a federal court likens an Assistant U.S. Attorney’s argument to that “of a grade schooler seeking to avoid detention.” But, in a recent opinion, Judge Emmet G. Sullivan of the D.C. District Court did just that. In so doing, he reminded us that—despite the government’s (admitted) routine abuse of its…
Can Violating Social Media Terms of Use Make You Guilty of Violating the CFAA?
Jan 29, 2014
Can Violating Social Media Terms of Use Make You Guilty of Violating the CFAA?
LinkedIn has filed a suit against John Does in response to a spate of “data scraping” perpetrated by unknown individuals, in violation of the website’s terms and conditions.This is the latest federal case in the Northern District of California in which a tech company seeks to enforce its contractual provisions through the criminal statute Computer…
Colorado Defense Attorney Charged With Felony – Why?
Sep 18, 2013
Colorado Defense Attorney Charged With Felony – Why?
A recent indictment in a state court in La Plata County, Colorado, has ruffled feathers in the defense bar. The accused was one of our own, criminal defense attorney Brian Schowalter. The charge was based on Schowalter’s refusal to turn over evidence he ostensibly held for a client. The evidence, an original letter, was apparently…
Law Enforcers Place Online Payday Lenders in Their Cross Hairs
Aug 13, 2013
Law Enforcers Place Online Payday Lenders in Their Cross Hairs
At least six federal agencies, including the U.S. Department of Justice (DOJ), the Consumer Protection Financial Bureau (CFPB), and the Federal Trade Commission (FTC), are currently coordinating a broad crackdown of the online payday lending industry. The agencies are trying to shut down companies that offer short-term loans online at very high interest rates. The…
Judge Strikes Down FBI’s Use of ‘National Security Letters’
Mar 29, 2013
Judge Strikes Down FBI’s Use of ‘National Security Letters’
In a recent decision, U.S. District Judge Susan Illston of the Northern District of California struck down the FBI’s use of National Security Letters (NSLs) as unconstitutional. Unbeknownst to most Americans, the FBI has been issuing thousands of NSLs every year. The letters demand that recipients, such as banks and telephone companies, provide customers’ information…
Does ‘Speech or Debate’ Trump the Right to Defend Oneself in Court?
Feb 20, 2013
Does ‘Speech or Debate’ Trump the Right to Defend Oneself in Court?
On February 5, 2013, the Bipartisan Legal Advisory Group of the U.S. House of Representatives filed a brief urging the U.S. Court of Appeals for the D.C. Circuit to hold that U.S. legislators and their aides cannot be forced to testify about their legislative activities, even when their expected testimony might help exonerate a criminal…
FBI Raid Targets For-Profit School in Florida: Was This Necessary?
Jun 18, 2012
FBI Raid Targets For-Profit School in Florida: Was This Necessary?
When you hear of FBI agents descending upon a place, you might think of a hostage situation, a drug raid, or the penetration of a terrorist cell. But you probably wouldn’t assume that those armed agents were working with the U.S. Department of Education on a raid on a Florida for-profit college. FBI agents raided…
Journalist Challenges DOJ Subpoena, Claims Reporter’s Privilege
Jul 20, 2011
Journalist Challenges DOJ Subpoena, Claims Reporter’s Privilege
James Risen, an investigative journalist for The New York Times, is currently challenging a subpoena issued by the U.S. Department of Justice seeking testimony from him against a CIA agent accused of leaking classified information. The subpoena highlights a trend in which the government attempts to use journalists’ testimony against government employees who reveal information…
California Court OKs Warrantless Search of Cell Phone
Jan 19, 2011
California Court OKs Warrantless Search of Cell Phone
The text messages in a defendant’s cell phone are in no way different, for the purposes of a police search after an arrest, from the defendant’s clothing or a cigarette package. That was the holding of the California Supreme Court on January 3, 2011, in People v. Diaz, a case in which the state’s highest…
