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Recent Posts
- Is DOJ Stuck With Its Positions in the “Updated” Roger Stone Sentencing Memo?
- Why Do Prosecutors Consistently Get the Benefit of the Doubt on Intent for Brady Violations?
- Did the Fourth Circuit Just Outlaw Taint Teams? Nope, But It Threw Up Some Roadblocks
- Another Insider Trading Court Decision: Making Life Easier for the Government
- Year End Review: Big Firm News and the 5 Most Popular Posts in 2019 (Yours and Ours)
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Category Archives: Appeal
How to Pick a Fair Jury
I don’t care what jury consultants say, picking a jury is an art and not a science. For most trial lawyers, it’s based on gut feelings and sizing people up quickly and peeks at what a juror’s t-shirt says or … Continue reading
Posted in Appeal, Jury issues
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Winning the Hard Way
The hardest appeal to win is one based on insufficiency of the evidence. It argues that “the jury got it wrong.” Courts of appeal do not look kindly upon this argument, not only because it forces the court to dig … Continue reading
Posted in Appeal, Conspiracy, Health care fraud, Reversal
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David Ganek’s Valiant Effort to “Fight the Power” Fizzles—Where’s the Remedy When Law Enforcement Lies?
I’ve written several times before about hedge fund owner David Ganek’s groundbreaking lawsuit against federal agents and prosecutors in New York. See my posts here and here. As I described the case: The plaintiff is David Ganek, the former head … Continue reading
Posted in Appeal, civil case, DOJ policy and practice, Search warrant
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What Happens If Your Client Dies While the Appeal Is Pending? (Hint: Appeals Matter)
David Brooks apparently lived a rather lavish lifestyle. As the head of a successful body armor company, he was rumored to have thrown a $10 million bat mitzvah party for his daughter that included performances by 50 Cent and Aerosmith. … Continue reading
Posted in Appeal, Criminal Forfeiture, Restitution
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Government Wins Finders Keepers: Criminal Forfeiture Cannot Be Used to Repay a Las Vegas Debt
What happens if a defendant’s cash is subject to forfeiture but he also owes someone else money? Who gets the forfeited cash? In a recent case out of the First Circuit, the court applied the forfeiture statutes to deny a … Continue reading
Posted in Appeal, Criminal Forfeiture
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Should a Court Erase a Prosecutor’s Name from an Opinion about Brady Violations?
I was perusing recent opinions from the courts of appeal for possible blog post ideas when I came across an odd-looking errata sheet. Here’s an excerpt: That’s odd, I thought. I took a look at the original opinion in the … Continue reading
Fourth Circuit Finally Concedes that the Government Cannot Take Your Stuff Before Trial
A few months ago, I wrote a blog post predicting that the Fourth Circuit would stop allowing federal prosecutors to seize untainted assets before conviction. (Buffing fingernails on shirt.) And now it has. Okay, my prognostication was not exactly out … Continue reading
Posted in Appeal, Continuing education
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Venue Isn’t Boring (I Promise) – The Jeffrey Sterling Case
Venue seems like one of those boring topics we learned in law school that doesn’t have much practical application. But in a recent case out of the Fourth Circuit, a defendant won the dismissal of a charge based on lack … Continue reading
Posted in Appeal, Classifiied information, Venue
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Is the Government Throwing in the Towel on Pre-Trial Seizure of Untainted Assets? A Win in the Fourth Circuit Suggests Yes
Perhaps the most troubling type of criminal forfeiture is the pretrial restraint of untainted assets. The Department of Justice will seize assets, before proving a single allegation of wrongdoing, even where those assets are not linked to the wrongdoing. This … Continue reading
Are You Criminally Liable if Your Business Partner Lies? Or, What the Heck is Misprision of a Felony?
Having a business partner can be a wonderful advantage. But it can also be dangerous if your business partner turns out to be unethical. Karen Olson, a former Alaska executive director of the United States Department of Agriculture’s Farm Service … Continue reading
