Tag: prosecutors
DOJ uses White Collar Prosecution for Election-Season Rabble Rousing
Beating their chests and breathing fire to rouse the polity, the Department of Justice recently came out with an announcement as earth shattering as the sun rising. The DOJ proclaimed it has adopted new policies to prioritize the prosecution of individuals for white-collar crime. Deputy Attorney General, Sally Q. Yates, was quoted in the New… Read More
Colorado Defense Attorney Charged With Felony – Why?
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… Read More
Fla. Prosecutor Gets 2 Years’ Suspension for Improper Contacts With Judge
Florida judges acknowledge that “justice requires the appearance of justice.” And given some of the controversial verdicts coming out of the Sunshine State — Casey Anthony and George Zimmerman come to mind — it seems more important than ever for the Florida judiciary to protect its institutional integrity. That might explain why the Florida Supreme Court… Read More
Judge Declares He’s Not Potted Plant, Asserts Right to Supervise Deferred Prosecution Agreements
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… Read More
Prosecutor Fired for Lying on Facebook to Witnesses in Murder Case
For all its benefits, social media has posed some significant challenges for our criminal justice system. One of the more common problems – Internet-related juror misconduct – has been the subject of numerous criminal appeals lately. It has also burdened federal and state governments with added costs for misconduct hearings and retrials. It is no… Read More
What Are the Feds Looking At? Bitcoin Industry, Stay Awake
On May 28, 2013, federal prosecutors unsealed an indictment charging seven men with allegedly operating an organization known as “Liberty Reserve,” which prosecutors allege was established for the sole purpose of creating an illegal digital currency that could be used to launder money. This is a case that anyone involved in businesses that rely in… Read More
House Task Force Will Address ‘Over-Criminalization’ of Federal Law
On May 31, the House Committee on Judiciary Over-Criminalization Task Force will begin a six-month investigation to determine whether the U.S. Code over-criminalizes relatively minor conduct. The bipartisan task force, composed of five Republicans and five Democrats, will conduct hearings and review thousands of federal criminal statutes for purposes of recommending consensus-based improvements to federal… Read More
DOJ Notice Hints at a Sentencing Deal With Former Enron Exec Jeffrey Skilling
Justice may or may not be blind; but she can buckle under pressure. It may take years, millions of dollars and armies of attorneys, but if you have the resources to test her mettle, you too may tip the balance in your favor. Almost seven years after his conviction on fraud and other charges, former… Read More
Domain Name Seizure – It’s Not Just a U.S. Law Enforcement Tactic
We have previously reported in this space about the use of domain name seizures by American law enforcement – for example, here and here. Recent media reports show that domain name seizure has become the go-to tactic for law enforcement for other countries as well. Canadian police made a series of arrests during an invitation-only… Read More
Bill Could Put Reins on Prosecutors’ Efforts to Seize Domain Names
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… Read More
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