Tag: prosecutors

March 14, 2011

Brady Violation Leads to Reversal of Conviction in D.C.

Editor’s note: This is a guest blog post by David Deitch, a Washington, D.C.-based litigator and the author of the White Collar Criminal Defense Blog. He can be reached at dbdeitch@nulldeitchlawdc.com. According to the D.C. Court of Appeals, when it comes to Brady disclosures, late is not necessarily better than never. In Miller v. United States,… Read More

March 7, 2011

Are DOJ, SEC Getting Too Cozy?

Senator Charles Grassley (R–Iowa) recently focused his sights on an important issue involving co-operation between the Securities and Exchange Commission and the Department of Justice. The ranking Republican on the Senate Judiciary Committee recently fired off biting inquiries to the heads of both federal agencies regarding how they share information when they are both investigating… Read More

February 10, 2011

Is This Domain Name Seizure a Bad Omen for Internet Freedom?

If anyone needed evidence that federal and local prosecutors are taking cybercrime seriously and in some cases pushing for tougher enforcement, just look at a domain name seizure announced recently in New York City. At the request of federal prosecutors in Manhattan and Immigration and Customs Enforcement agents, a magistrate judge seized 10 websites that… Read More

February 4, 2011

New DOJ Unit Will Keep Eye on Prosecutors’ Misconduct

The U.S. Department of Justice — possibly stung by several recent instances of prosecutorial misconduct, many of which were outlined in a USA Today investigation — has set up a new unit to review instances of intentional or reckless conduct by its attorneys. The new Professional Misconduct Review Unit, announced last month, will be headed… Read More

January 25, 2011

Amicus Briefs Urge Reduction in Rubashkin Fraud Sentence

We first posted about Sholom Rubashkin—the former plant manager at the now-defunct Agriprocessors, Inc. — back in May 2010, when Rubashkin was awaiting sentence for more than 80 counts of fraud in connection with his operation of the kosher slaughterhouse. Since then, Chief U.S. District Judge Linda Reade of the Northern District of Iowa sentenced… Read More

January 14, 2011

Government Uses Wrong Statute to Prosecute Ex-D.C. Employee

On January 7, 2011, the D.C. Circuit threw out the conviction of former D.C. government employee Ikela Dean, noting that while she might be guilty of something, she was not guilty of the offenses for which she was indicted. Dean, a former employee of the D.C. Department of Consumer and Regulatory Affairs, was involved with reviewing… Read More

January 3, 2011

A Tragic Result of the Stevens Case

We have discussed the fallout from the Ted Stevens prosecution several times in this blog. See this post, this post, and this post. The Jan. 3, 2011, issue of the New Yorker magazine has a fascinating article about another, very sad result of that case – the September 26, 2010, suicide of Nicholas Marsh, a… Read More

December 23, 2010

Judges Push Back Against Prosecutorial Abuses

Prosecutorial overreaching is still occurring in courts across the nation, but judges are beginning to push back. In the Ted Stevens case, the former senator was prosecuted on charges that he failed to properly report gifts from a lobbyist—only for the government to later drop all charges against him, saying that his jury conviction should… Read More

December 13, 2010

Stacking the Deck Against Defendants in Conspiracy Cases?

Are prosecutors stacking the deck against defendants in conspiracy cases? A case now on appeal in the Second Circuit is posing that interesting question. On appeal from his conviction in a fake reinsurance deal scheme, former General Re Corporation assistant general counsel Robert Graham is arguing that the government denied him a fair trial by… Read More

November 29, 2010

Often It’s Not the Crime, It’s the Cover-Up

On November 12, 2010, Prince Georges County Executive Jack Johnson and his wife, incoming Prince Georges County Councilmember Leslie Johnson, were arrested by the FBI on charges of tampering with and destroying evidence in a political corruption probe. As has been widely reported, FBI agents found $76,000 in cash in Leslie Johnson’s underwear, allegedly the… Read More