Published by
Contact Sara or Dan
ABA LawBlawg 100 Winner (2015)
-
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)
Categories
- Acquittal After Jury Trial
- Antitrust
- Appeal
- Attorney client privilege
- Bail
- Bank fraud
- Blackmail/extortion
- Brady violations
- Bribery
- CFTC case
- Change Venue
- civil case
- Civil forfeiture
- Civil Litigation Strategy
- Classifiied information
- Commercial Bribery
- Compliance
- Computer fraud
- Congressional investigation
- Conspiracy
- Continuing education
- Conviction After Jury Trial
- Criminal Forfeiture
- Criminal Investigation
- Deferred Prosecution Agreement
- Dentention issues
- Detention issues
- Discovery/Brady
- Dismissal of charges in indictment
- DOJ policy and practice
- DOJ Statements
- Due Diligence
- Environmental Crimes
- Ethics
- False Claims Act
- False statements
- FBI policy and practice
- FCPA
- Federal program fraud
- Fifth Amendment
- First Amendment
- Fourth Amendment
- Fraud on the court
- Gag order
- Government contracting fraud
- Grand jury
- Grand Jury Subpoena
- Health care fraud
- Honest Services
- Identity Theft
- Immunity
- Indictment
- Insider Trading
- internal investigation
- International Trade Violations
- Investor fraud
- Joint Defense Agreements
- Jury issues
- Kickbacks
- Lacey Act
- Legal profession
- Mail Fraud
- Marketing
- Money Laundering
- Non-Prosecution Agreement
- Obstruction
- OIG investigations
- Perjury
- Plea Agreement
- Policy issues
- Pre-Trial Motions Practice
- Proffers
- Prosecutorial misconduct
- Public Corruption
- Research misconduct
- Resource Guide
- Restitution
- Reversal
- RICO
- Search warrant
- SEC Investigation
- SEC policy and practice
- SEC Settlement
- Securities fraud
- Sentencing
- Speedy Trial Act
- Statute of Limitations
- Taint teams
- Tax fraud
- Trade Secrets
- Travel Act
- Trial preparation
- Trials
- Uncategorized
- Venue
- Wire Fraud
- Wiretaps
- Witness tampering
Category Archives: Reversal
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
Leave a comment
The Best Sentence in the McDonnell Decision
Like most defense attorneys, I welcomed the Supreme Court’s decision in the McDonnell case. The Court vacated former Governor McDonnell’s convictions for Hobbs Act extortion and honest services fraud and remanded the case to the Fourth Circuit for further findings. … Continue reading
Posted in Appeal, Public Corruption, Reversal
1 Comment
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
Identity Theft Statute Narrowed — A Little Bit
In recent years, the government has increasingly prosecuted individuals under the federal aggravated identity theft statute. This increase may be from the legitimate increase in identity theft but it may also result from the government’s realization that the statute’s mandatory … Continue reading
Posted in Appeal, Health care fraud, Identity Theft, Reversal
Tagged Health Care Industry
Leave a comment
A Brady Win for a Defendant–Finally (and Some Tips to Get Brady Material)
The conviction and sentence of a man in California were recently vacated when it was discovered that the government had improperly withheld exculpatory material from his defense team at trial. We read a lot of stories about the failures of Brady … Continue reading
Posted in Conspiracy, Discovery/Brady, Reversal
2 Comments
