Insights < BACK TO ALL INSIGHTS
How Much is Too Much? – Second Circuit Establishes Guardrails for Sentencing Hearings
FEATURED
June 22, 2026
How Much is Too Much? – Second Circuit Establishes Guardrails for Sentencing Hearings
By: James Trusty
As any federal criminal practitioner can attest, judges holding a sentencing hearing are privy to an intentionally wider universe of information about the defendant than a jury would have heard about at trial. We want judges to consider all sorts of things about the offender and the offense, beyond just the facts establishing the crime – social background, employment history, criminal record, substance abuse history, mental health issues, and more. Particularly in federal proceedings, a lot of ink, angst, and argument is devoted to addressing thorny issues of unadjudicated “relevant conduct” and “jointly undertaken criminal activity.” In many cases, these expansive concepts can lead to a tax case having the same penalty as a murder prosecution (“Al Capone sentenced for tax evasion”) or a judge holding defendant…
Robotic Risk—but Is the Ultimate Answer Still a Human One?
May 26, 2026
Robotic Risk—but Is the Ultimate Answer Still a Human One?
By: Lauren Scribner
It now goes without saying that Artificial Intelligence (AI) can be a convenient solution for accomplishing certain tedious tasks, such as planning an upcoming trip, figuring out what to make for dinner with ingredients already on hand, or adding some professional flare to an email. But when it comes to some of the more high-stakes areas of life, such as obtaining financial, medical, or legal…
Murdaugh She Wrote
May 21, 2026
Murdaugh She Wrote
By: James Trusty
As the information regarding Alex Murdaugh’s conniving, murderous ways began to spread far beyond the Lowcountry of South Carolina and into the cable and social media airwaves, a curious and ominous thing took root. The temptation of star power and riches slumped stealthily behind the public face of the proceedings, causing a low-level bureaucrat to destroy the notion of an impartial jury in one of…
Taking Advantage of a Video Poker Glitch Can Land you in Jail in Nevada
December 11, 2013
Taking Advantage of a Video Poker Glitch Can Land you in Jail in Nevada
By: Ifrah Law
Last month, federal prosecutors in Nevada filed a motion to dismiss an indictment that shined a bright light on overly broad federal criminal statutes and the abuse of prosecutorial discretion in using them. John Kane and Andre Nestor were each charged in an indictment in January 2011 with one count of conspiracy to commit wire fraud and one count of computer fraud in violation of…
Court Dismisses Loss Recovery Case, in Big Win For Fantasy Sports Industry
October 9, 2013
Court Dismisses Loss Recovery Case, in Big Win For Fantasy Sports Industry
By: Ifrah Law
Today, in a closely watched case in Illinois, a federal court dismissed a lawsuit brought under the Illinois Loss Recovery Act (ILRA) against daily fantasy sports site FanDuel, Inc. and daily fantasy sports player Patrick Kaiser, finding that the plaintiff lacked subject matter jurisdiction to bring the suit. This is one of several lawsuits that have been brought in Illinois courts against daily fantasy sports…
Appeals Court: Forced Rectal Search of Suspect Violates Fourth Amendment Law
October 8, 2013
Appeals Court: Forced Rectal Search of Suspect Violates Fourth Amendment Law
By: Ifrah Law
In a recent opinion, the US Court of Appeals for the 6th Circuit addressed whether it was constitutionally reasonable for police to use a doctor – in this case, a doctor “who is known to conduct unconsented intrusive procedures when suspects are presented by the police” – to forcibly recover drugs from a man’s rectum. Judge Julia Smith Gibbons’ dissent notwithstanding, the 6th Circuit found…
Colorado Defense Attorney Charged With Felony – Why?
September 18, 2013
Colorado Defense Attorney Charged With Felony – Why?
By: Nicole Kardell
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 relevant to a homicide investigation involving the attorney’s client (though…
FBI Hacking Into Electronic Devices: An Effective But Invasive Tool
September 13, 2013
FBI Hacking Into Electronic Devices: An Effective But Invasive Tool
By: Ifrah Law
Privacy and national security interests are notoriously tricky to balance. Lean too far one way, and you lose an important tool in preventing and detecting crime; lean too far the other way, and you are depriving Americans of their liberty through persistent government intrusion and observation. This balancing act has been an especially hot topic given recent revelations about the National Security Agency’s surveillance and…
