Monthly Archives: May 2016

Commercial Negotiation Tactics Are Not Fraud: Seventh Circuit Limits Scope of the Wire Fraud Statute

The federal wire fraud statute is incredibly broad. In this era of non-stop email and texts, it’s hard to imagine a white collar case that doesn’t implicate it. For the most part, courts have been reluctant to limit its reach. … Continue reading

Posted in Appeal, Reversal, Wire Fraud | Leave a comment

What is a Reverse Proffer?

I teach a continuing legal education class on defending white-collar criminal cases. When I developed the curriculum, I quickly realized that one of the class’s main goals was to teach everyone the lingo of being a white-collar defense lawyer. This … Continue reading

Posted in Plea Agreement, Proffers | 3 Comments

Negotiating Power and How We Are Weak

I’ve been thinking recently about the inequalities of negotiations when you are a criminal defense attorney. We do a lot of negotiating for our clients, right? And we often lose. Badly. We make plea deals for our clients and they … Continue reading

Posted in Uncategorized | Leave a comment