Tag: prosecutors

February 20, 2012

D.C. Circuit Tackles Ex-Prosecutor’s Allegations of Privacy Violations

After a nearly decade-long legal battle, the Department of Justice (DOJ) is seeking to dismiss once and for all the privacy suit of Richard Convertino, a former federal prosecutor in Detroit who alleges that the DOJ illegally gave the press details of an internal investigation into his alleged misconduct. In February 2004, Convertino filed a… Read More

December 12, 2011

Judge Dismisses Lindsey FCPA Case, Finding Prosecutorial Misconduct

In May 2011, a federal jury in Los Angeles convicted Lindsey Manufacturing Co., its president Keith Lindsey, and CFO Steve Lee, on foreign bribery charges for their dealings with Mexico’s state-owned electricity utility, Comision Federal de Electricidad. The prosecutors claimed that Lindsey Manufacturing retained Enrique Aguilar, a Mexican company representative, after repeatedly failing to win… Read More

December 6, 2011

Ifrah Law Blog Wrap-Up for November 2011

In November 2011, we at Ifrah Law expressed our views on a number of current issues in our blogs, Crime in the Suites and FTC Beat. This post summarizes and wraps up our thoughts from the month.   ACLU Wins FOIA Appeal on Prosecutors’ Use of Cell Phone Location Data The Justice Department must turn… Read More

November 3, 2011

ACLU Wins FOIA Appeal on Prosecutors’ Use of Cell Phone Location Data

For some time now, the American Civil Liberties Union has been concerned about some federal prosecutors’ practice of seeking court orders to track the location of people’s cell phones without probable cause, arguing that this practice infringes on privacy rights and violates the Fourth Amendment. Last month, the ACLU claimed victory in one of several… Read More

October 12, 2011

Judge Awards $1.7 Million to Defendant in EPA Malicious Prosecution Case

On September 30, 2011, the U.S. District Court for the Western District of Louisiana ordered the United States to pay $1.7 million in a malicious prosecution lawsuit to Hubert Vidrine, based on findings that the U.S. government had maliciously prosecuted Vidrine for alleged environmental crimes. This is a rare ruling by a federal court requiring… Read More

September 22, 2011

No Attorney’s Fee Award for This Type of Prosecutorial Misconduct

The case of United States v. Shaygan recently made the news when the U.S. Court of Appeals for the 11th Circuit overturned a district court’s award of $600,000 in attorney’s fees to a defendant who was the victim of prosecutorial misconduct. The misconduct was indeed egregious — including recording conversations between a lawyer and a… Read More

September 8, 2011

Prosecutors’ Misconduct Is More Than Just ‘Honest Mistakes’

A federal judge in the District of Columbia recently ruled that the U.S. Department of Justice will be allowed to retry star pitcher Roger Clemens on perjury charges after a mistrial was declared earlier this summer when the prosecution made reference to inadmissible evidence in open court. The government claimed that its violation of court… Read More

September 7, 2011

Private Lawyers on Contract to Represent States: Is That Fair?

What do a medical malpractice victim and the Kentucky Attorney General have in common? The same lawyer representing them. A fact little known to the public is that a growing number of state government enforcement actions are not being litigated by state-employed attorneys but rather by private lawyers working for the state on contingency fee… Read More

August 17, 2011

Judge Delivers Rebuke to Prosecutors in Sentencing NSA Official

The recent sentencing of a government intelligence official saw a dramatic and unusual rebuke of the U.S. Department of Justice by a federal judge. Four years after searching the home of National Security Agency official Thomas Drake, who was suspected of illegally leaking classified information to a reporter, and more than year after actually indicting… Read More

August 10, 2011

No Reason for Congress to Tinker With Federal Criminal Law

Sometimes even the United States Congress does not know when to leave well enough alone. Despite the growing sentiment that the federal government has overextended the reach of federal criminal law, both the House of Representatives and the  Senate are considering legislation that would expand the ability of federal prosecutors to bring public corruption cases… Read More