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Judging the Judges
FEATURED
October 2, 2026
Judging the Judges
By: Lauren Scribner
Judges are in the business of holding people accountable for crimes and misconduct—but how do we hold judges accountable for their own ethical lapses? Recently, in a moment of frustration, Florida Second Circuit Judge J. Layne Smith told three attorneys practicing in his courtroom that he “would like to tell the deputy to pull his gun and shoot all three of [them] as far as [his] level of frustration right now.”[1] Yes—you read that correctly. A presiding judge vocalized his thought to have attorneys practicing in his courtroom shot by courtroom security. What should the consequence be for using such threatening language? A mere public reprimand and recusal from that case?[2] Or, should there be some sort of tangible punishment?…
Dismissive of Dismissal
September 25, 2026
Dismissive of Dismissal
By: James Trusty
During the two Trump administrations, a trend has begun to emerge of federal judges challenging the once-unrestricted authority of the Department of Justice (DOJ) to dismiss indictments. The longstanding framework of separation of powers suggests this judicial pushback is unsupported activism, but the judges claim the Federal Rules of Criminal Procedure (“Rules”) do not relegate their role to rubber stamping. Ultimately, this trajectory may lead…
In the age of AI, litigators must read between the lines—literally.
August 18, 2026
In the age of AI, litigators must read between the lines—literally.
By: Robert Ward
In the age of AI, litigators must read between the lines—literally. Any attorney who has litigated a case against a party proceeding pro se is familiar with the common refrain that courts liberally construe pro se filings.[1] This leniency was not enough for one Connecticut litigant. In a scheme that gives new meaning to the phrase “reading between the lines,” pro se plaintiff Matthew Elliot…
Barney Frank’s Advice to Poker Players After ‘Black Friday’
May 9, 2011
Barney Frank’s Advice to Poker Players After ‘Black Friday’
By: Ifrah Law
In the wake of the catastrophic consequences of last month’s “Black Friday” for online poker players in the United States, many players are wondering about their next step. Pocketfives.com recently interviewed Congressman Barney Frank and although he agreed that is “difficult to figure out what to do,” he still had some concrete advice for the online poker player universe. Frank felt that the events of…
Bank Hit With FCA Complaint Over Mortgage Lending
May 3, 2011
Bank Hit With FCA Complaint Over Mortgage Lending
By: Ifrah Law
On May 3, 2011, the U.S. Department of Justice filed a civil case against Deutsche Bank, Germany’s largest bank, asserting that Deutsche Bank was liable for more than $1 billion to the U.S. government for its statements and actions during the mortgage meltdown of the last few years. This case is one of the few that has emerged from the mortgage crisis, and like many…
The Disintegration of White-Collar Criminal Bernie Madoff
April 27, 2011
The Disintegration of White-Collar Criminal Bernie Madoff
By: Ifrah Law
In December 2010, Bernie Madoff contacted the Financial Times to say that he was ready for his second prison interview. It had been two years since news broke of Madoff’s 16-year, $65 billion Ponzi scheme, and just 17 months since he began serving his 150-year sentence. By the time he was interviewed, his oldest son, Mark, had hanged himself on the second anniversary of Madoff’s…
DOJ Shows Its Continuing Strong Interest in FCPA Violations
April 21, 2011
DOJ Shows Its Continuing Strong Interest in FCPA Violations
By: Ifrah Law
Over the course of several years, officials of the United States Department of Justice have made clear the Department’s intent to enforce vigorously the dictates of the Foreign Corrupt Practices Act (FCPA). In general terms, the FCPA prohibits the offering or giving of things of value to any foreign official to assist in obtaining or retaining business. Last November, Assistant Attorney General Lanny Breuer warned…
Strike Force Hits Hard at Massive Medicare Fraud
March 31, 2011
Strike Force Hits Hard at Massive Medicare Fraud
By: Ifrah Law
Last month, the Federal Medicare Strike Force charged 111 defendants in nine states for their alleged participation in fraud schemes that reportedly cost Medicare almost a quarter billion dollars. Last month’s sweep resulted from the Justice Department’s and Health and Human Services’ work with the FBI, the HHS inspector general, and various state and local law enforcement officials. It represents the largest federal takedown of health-care…
