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The Truth Will Out – Even About Mar-a-Lago
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December 27, 2025
The Truth Will Out – Even About Mar-a-Lago
By: James Trusty
The Truth Will Out is a fairly obscure phrase that was popularized in Shakespeare’s “The Merchant of Venice.” It suggests that even against the most active obstruction and obfuscation, the Truth seemingly has an invisible hand behind it that relentlessly—if slowly—pushes it into plain view. Nearly 2 ½ years after the FBI’s raid on Mar-a-Lago, the Truth may be emerging into the daylight. August 8, 2022 will stay imprinted in my memories like no other day. Then Former-President Trump had retained me a couple of months earlier. I was still getting to know the various players that formed his legal team as well as the many others who offered advice or service to the President, and I knew there was…
White-Collar Sentencing Under the Amended Guidelines: Fewer Steps, Same Dance
November 12, 2025
White-Collar Sentencing Under the Amended Guidelines: Fewer Steps, Same Dance
By: Robert Ward
For years, the U.S. Sentencing Commission’s Guidelines Manual has guided courts through a three-step process to determine the sentence to be imposed. At a high level, that process looked like this: First, the court would calculate the guideline range based on relevant offense conduct and related factors, along with the defendant’s criminal history. Second, the court would consider the Sentencing Commission’s policy statements or commentary…
Personal Information Flo-wing out of Control
October 20, 2025
Personal Information Flo-wing out of Control
By: Lauren Scribner
In September, a nearly $60 million settlement was reached in Frasco, et al v. Flo Health, Inc., Meta Platforms, Inc., Google, LLC, and Flurry, Inc. The case,[1] a class action filed in 2021, alleged inter alia that Flo Health Inc. (“Flo”), a popular women’s health tracking application estimated to have over 38 million monthly users, invaded the privacy of its users by sharing personal and…
Full Tilt Poker Remission Process for Players Expected to Begin ‘Shortly,’ and on Favorable Terms
August 2, 2013
Full Tilt Poker Remission Process for Players Expected to Begin ‘Shortly,’ and on Favorable Terms
By: Ifrah Law
More than two years after “Black Friday” – the day on which federal prosecutors shut down the U.S. operations of Full Tilt Poker and other major online poker providers and seized billions of dollars in assets – it appears that the final chapter in that enforcement action may soon be written. The Garden City Group, the entity responsible for claims administration for repayment of Full…
D.C. Circuit Clarifies Key Issue in Wake of High Court’s ‘Honest Services’ Decision
July 29, 2013
D.C. Circuit Clarifies Key Issue in Wake of High Court’s ‘Honest Services’ Decision
By: Ifrah Law
A recent D.C. Circuit Court of Appeals decision narrows the ability of the government to revisit uncharged crimes against a person whose plea has been vacated due to a change in the law. In 2007, Russell Caso had pleaded guilty to conspiracy to commit honest-services wire fraud, in violation of 18 U.S.C. §§ 371, 1343 and 1346, based on certain conduct during his employment as…
Conspirators Get Prison Time for Defrauding Small Business 8(a) Program
July 22, 2013
Conspirators Get Prison Time for Defrauding Small Business 8(a) Program
By: Jeff Ifrah
White-collar crime can involve any number of types of fraud against the government or private parties. One that isn’t usually thought about but can result in serious jail time involves conspiracies to obtain government contracts fraudulently by setting up bogus small and minority-owned businesses in order to qualify for government preferences. In the past few months in the Eastern District of Virginia, several businesspeople have…
Judge Declares He’s Not Potted Plant, Asserts Right to Supervise Deferred Prosecution Agreements
July 19, 2013
Judge Declares He’s Not Potted Plant, Asserts Right to Supervise Deferred Prosecution Agreements
By: Ifrah Law
A recent decision by U.S. District Judge John Gleeson in the Eastern District of New York may be the harbinger of new limits on the government’s ability to use a prosecutorial tool of which it has become very fond lately – the deferred prosecution agreement. Judge Gleeson’s assertion that a district court has a right to approve or disapprove the use of a DPA in a…
High Court Clarifies Rule on Plea Discussions in Federal Criminal Cases
July 10, 2013
High Court Clarifies Rule on Plea Discussions in Federal Criminal Cases
By: Ifrah Law
In a unanimous decision, the Supreme Court held last month in United States v. Davila that a guilty plea does not need to be automatically vacated, regardless of whether there has been prejudice to the defendant, when a magistrate judge improperly advises a defendant to plead guilty. In 2009, Anthony Davila was charged with conspiracy to defraud the United States by filing false income tax…
