Insights < BACK TO ALL INSIGHTS
Murdaugh She Wrote
FEATURED
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 the country’s more conspicuous trials. High profile trials will always be a big part of American culture. Many of us follow each “trial of the century” with rapt attention. I feel antiquated mentioning the OJ Simpson trial—it now feels like a case that I have to pull out of a dusty World Book Encyclopedia to…
SPLC’s Informant Program – is Dangerously Unwise the Same as Unlawful?
May 11, 2026
SPLC’s Informant Program – is Dangerously Unwise the Same as Unlawful?
By: Lauren Scribner
THE INDICTMENT On April 21, 2026, the Southern Poverty Law Center (SPLC), a nonprofit civil rights organization that works to “create a multiracial democracy” by “fight[ing] white supremacy and various forms of injustice”[1] was charged in an 11-count indictment[2] in the Middle District of Alabama. The indictment alleges that the SPLC operated “a covert network of informants who were either associated with violent extremist groups…
Overrun and Overreach: the New Challenge to Grand Jury Subpoenas
March 26, 2026
Overrun and Overreach: the New Challenge to Grand Jury Subpoenas
By: James Trusty
Most criminal law practitioners are quite familiar with clients receiving grand jury subpoenas. There are rituals we go through to figure out whether it’s a “friendly” subpoena, i.e. just trying to get business records from the client to be used against some other target, or whether it’s the visible start of a potential criminal prosecution against the client. Because the legal standard to justify issuing…
Federal Criminal Charges Dropped — But Reputations Damaged
July 8, 2010
Federal Criminal Charges Dropped — But Reputations Damaged
By: Ifrah Law
A recent Bloomberg News article points to a disturbing trend – a dramatic increase in ultimately unsupportable white-collar federal indictments. In recent years, a growing number of executives have been indicted for corporate crimes and then had the charges dropped. From 2006 to 2008, the most recent period available, U.S. prosecutors dismissed charges against 42 such defendants for which the most serious charge was securities…
Kagan Stresses Deference to Congress on Federal Sentencing
July 6, 2010
Kagan Stresses Deference to Congress on Federal Sentencing
By: Ifrah Law
In her three-day Supreme Court confirmation hearing, nominee Elena Kagan expressed very few views on substantive issues that might give observers a clue as to how she would vote as a Justice. Criminal law and sentencing issues were no exception, as the nominee did not tip her hand much on these matters. One interesting tidbit emerged, however. Kagan was asked on June 30, 2010, the…
Has the FBI Gone Too Far in Investigating White-Collar Crime and Fraud?
July 2, 2010
Has the FBI Gone Too Far in Investigating White-Collar Crime and Fraud?
By: Ifrah Law
A recent Wall Street Journal article describing the FBI’s use against suspected financial criminals of techniques normally used to hunt terrorists shows how seriously white-collar crime is being viewed these days. It also vindicates those who sounded warning bells after 9/11 when Americans were asked to trade civil liberties for the promise of national security. Those who argued against the slippery slope of government encroachment…
From Federal Prison, Ex-Enron CEO Ponders His Case
June 29, 2010
From Federal Prison, Ex-Enron CEO Ponders His Case
By: Ifrah Law
On June 25, 2010, the U.S. Supreme Court issued its partially favorable decision in Skilling v. United States. Although the Court accepted former Enron CEO Jeff Skilling’s arguments on the reach of the “honest services” statute, it rejected Skilling’s contention that pretrial publicity and community prejudice prevented him from receiving a fair trial. Since his conviction in 2004, Skilling has had ample time to consider…
Supreme Court Hands DOJ a Big Loss, Limiting Use of “Honest Services” Statute
June 24, 2010
Supreme Court Hands DOJ a Big Loss, Limiting Use of “Honest Services” Statute
By: Ifrah Law
Today the Supreme Court decided the key white-collar crime case of Skilling v. United States, rejecting the Justice Department’s efforts to use the well-known “honest services” statute against former Enron CEO Jeffrey Skilling. The court didn’t reverse Skilling’s conviction but sent the case back to the U.S. Court of Appeals for the 5th Circuit to determine whether the conviction could stand without the “honest services”…
