Category Archives: Appeal

How to Pick a Fair Jury

Posted on October 9, 2018 by

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 | 1 Comment

Winning the Hard Way

Posted on February 8, 2018 by

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 | Leave a comment

David Ganek’s Valiant Effort to “Fight the Power” Fizzles—Where’s the Remedy When Law Enforcement Lies?

Posted on January 8, 2018 by

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 | Leave a comment

What Happens If Your Client Dies While the Appeal Is Pending? (Hint: Appeals Matter)

Posted on November 7, 2017 by

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 | Leave a comment

Government Wins Finders Keepers: Criminal Forfeiture Cannot Be Used to Repay a Las Vegas Debt

Posted on October 24, 2017 by

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 | Leave a comment

Should a Court Erase a Prosecutor’s Name from an Opinion about Brady Violations?

Posted on October 17, 2017 by

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 →

Posted in Appeal, Brady violations, Discovery/Brady, Prosecutorial misconduct | 1 Comment

Fourth Circuit Finally Concedes that the Government Cannot Take Your Stuff Before Trial

Posted on September 12, 2017 by

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 | Leave a comment

Venue Isn’t Boring (I Promise) – The Jeffrey Sterling Case

Posted on June 26, 2017 by

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 | Leave a comment

Is the Government Throwing in the Towel on Pre-Trial Seizure of Untainted Assets? A Win in the Fourth Circuit Suggests Yes

Posted on June 8, 2017 by

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 →

Posted in Appeal, Criminal Forfeiture, Health care fraud | Tagged | 1 Comment

Are You Criminally Liable if Your Business Partner Lies? Or, What the Heck is Misprision of a Felony?

Posted on May 31, 2017 by

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 →

Posted in Appeal | 1 Comment