Insights < BACK TO ALL INSIGHTS
A Luigi Mangione Death Penalty Trial
FEATURED
April 15, 2025
A Luigi Mangione Death Penalty Trial
By: James Trusty
The Attorney General’s recent announcement that DOJ will seek the death penalty against Luigi Mangione raises a host of interesting legal and philosophical issues, and it almost certainly reflects a dramatic about-face from the Biden administration’s approach towards federal prosecutions for death-eligible offenses. Aside from having personally prosecuted three death penalty trials while I was an Assistant U.S. Attorney in Maryland and when I was Chief of the DOJ Organized Crime and Gang Section, I spent a number of years on the Attorney General’s Capital Review Committee (“CRC”). The Committee was comprised of a number of “grey heads” who had personally handled death penalty cases and who developed a solid working knowledge of the intricate field of capital litigation. Ultimately,…
Trouble in Paradise: White Lotus Character’s Legal Woes Illustrate Civil Forfeiture’s Overreach
April 14, 2025
Trouble in Paradise: White Lotus Character’s Legal Woes Illustrate Civil Forfeiture’s Overreach
By: Abbey Block
Last Sunday, millions of viewers tuned in to watch the season finale of White Lotus – a widely popular show that centers around the week-long vacation of several ultra-wealthy patrons of the fictional “White Lotus” resort in Thailand.[1] The show follows a dynamic cast of quirky characters as they navigate their opulent getaway. One of those characters in this most recent season was Timothy Ratliff…
Amending Arbitration Clauses – No Notice, Big Problem?
April 8, 2025
Amending Arbitration Clauses – No Notice, Big Problem?
By: Robert Ward
Many websites’ terms and conditions allow online service providers to make changes without providing prior notice to users. Often, the terms state that the user agrees to read the terms and conditions, and that continued use of the website constitutes acceptance of any modification. A recent Fourth Circuit decision highlights the potential risk that such unilateral change-in-terms provisions might pose to another common feature of…
Bill Could Put Reins on Prosecutors’ Efforts to Seize Domain Names
December 27, 2012
Bill Could Put Reins on Prosecutors’ Efforts to Seize Domain Names
By: Ifrah Law
Rep. Zoe Lofgren (D-Calif), a senior member of the House Judiciary Committee, has indicated that she is drafting legislation that would seek to increase judicial oversight over prosecutors’ efforts to act against Internet domain names accused of copyright infringement. While the value of such legislation will depend on the details of the bill, the notion of creating greater control over prosecutorial seizure of domain names…
N.J. Again Passes Online-Poker Bill; Decision Now in Governor’s Hands
December 20, 2012
N.J. Again Passes Online-Poker Bill; Decision Now in Governor’s Hands
By: Ifrah Law
New Jersey could soon become the third state to legalize online gaming within its borders. Its State Senate on December 20, 2012, voted 33-3 to legalize online poker in the state. The General Assembly had previously approved the bill by a vote of 48-25-3. The bill was able to achieve significant bipartisan support in both houses of the state legislature. The bill will now be…
Court’s Strict Interpretation of Bank Fraud Law May Rein In Prosecutors
December 11, 2012
Court’s Strict Interpretation of Bank Fraud Law May Rein In Prosecutors
By: Ifrah Law
A recent interpretation of the federal bank fraud statute by the United States Court of Appeals for the Second Circuit may prove to be a useful check to overreaching by federal prosecutors, who have tended to use that statute in the past as a catch-all law enforcement tool. In United States v. Nkansah, the Court reviewed the conviction of a defendant for bank fraud and…
D.C. Circuit: Restitution Order Must Involve Victim’s Loss, Not Defendant’s Gain
December 5, 2012
D.C. Circuit: Restitution Order Must Involve Victim’s Loss, Not Defendant’s Gain
By: Ifrah Law
On November 9, 2012, in a unanimous opinion in United States v. Fair, the U.S. Court of Appeals for the D.C. Circuit found that the district court had abused its discretion in ordering restitution in the amount of $743,000 in a criminal copyright infringement case. The appeals court vacated the lower court’s restitution order, finding that the order was based on “a clear legal and…
Are Medicaid Claims Becoming the Next Battleground for FCA Cases?
December 4, 2012
Are Medicaid Claims Becoming the Next Battleground for FCA Cases?
By: Ifrah Law
A qui tam case that was recently dismissed on summary judgment may signal the next front in the legal enforcement war arising from off-label use of prescription medications. In United States ex rel. Watson v. King-Vassel et al., filed in the U.S. District Court for the Eastern District of Wisconsin, the complaint alleged that defendant Dr. Jennifer King-Vassel violated the Federal False Claims Act and…
