Criminal Law Updates

The Jodi Arias Trial: Justice Run Amok

Forgive me, as a former federal prosecutor for 17 years, it is hard to watch the Jodi Arias trial, not because she is guilty and deserves the death penalty but because of the incredibly poor performance by Judge Sherry...more

Questionable Methods Used in Preparing Mentally Ill for Trial

In times of strained budgets, states are trying creative ways to prepare people with mental illness to stand trial. ...more

The Top 5 FCPA Fallacies

In 2010, the number of federal prosecutions for violation of the Foreign Corrupt Practices Act (FCPA) more than quadrupled. The Department of Justice (DOJ) set a new record for fines and penalties – collecting nearly $1B. The...more

The Effect of Drugs on Crime

Larry Reid Jr. and Elizabeth Sue Donaldson are the latest statistics in an ever-burgeoning category of criminals in the United States and especially here in North Carolina. The two Cherokee County residents robbed a Parker’s...more

Keeping Internal Investigations Independent and Conflict-Free

Internal investigations can arise in a number of different ways and can concern a number of different subjects. Allegations of financial misconduct, employment-related missteps, and breaches of fiduciary duty, among others,...more

Home Confinement Can Be an Alternative to Prison

Today’s jails and prisons are overcrowded and expensive. To cope, court systems increasingly offer home confinement, or house arrest, as an alternative to traditional incarceration. Home confinement became much more common...more

U.S. Supreme Court: “The Social Sharing of A Small Amount of Marijuana” By Immigrants Lawfully In The U.S. Does Not Require Their...

U.S. Supreme Court issued a decision in Moncrieffe v. Holder, holding that a state drug conviction is not an aggravated felony when the statute of conviction extends to the social sharing of a small amount of marijuana. The...more

DUI Penalties for Commercial Drivers

The consequences of driving under the influence of alcohol or drugs (DUI) in New Jersey are quite severe for every convicted offender. Commercial drivers such as bus and truck drivers face additional penalties including...more

The Offshore Voluntary Disclosure Program: A Brief History And Overview Of The Complexities Involved In Disclosing Foreign Assets

The IRS and the Justice Department have increased their efforts regarding criminal investigation of international tax evasion. ...more

Appealing A Court Decision

When a party wishes to question the ruling of a lower court, an appeal can be filed to have the case reviewed....more

NJ Supreme Court establishes procedure for prosecutors to subpoena public defender applications

In New Jersey, individuals accused of crimes who cannot afford an attorney are fortunate to be able to request representation by the New Jersey Office of the Public Defender. ...more

Can an Expectant Mother who is the Victim of Domestic Violence Obtain a Restraining Order on Behalf of her Unborn Child?

A seventeen year old girl who was brutally beaten by four individuals in an attempt to terminate her pregnancy has scored a legal victory for her unborn child....more

Abuse Of Government Power — The IRS Targets Political Groups

Just to show my age and my fascination with history – the recent flap over the IRS targeting of Tea Party-affiliated groups reminds everyone in my age bracket (and above) of the legendary Nixon(ian) scandals during the...more

Judge’s Decision Awaited in NYC Stop and Frisk Trial

Closing arguments wrapped up on May 20 in Floyd v. City of New York, the first trial to spotlight New York City’s controversial “stop and frisk” law enforcement program, which plaintiffs say amounts to unconstitutional racial...more

International Tax Compliance Update: Florida Couple Indicted for Failing to Report Offshore Bank Accounts as IRS Continues...

In line with our recent coverage of the Internal Revenue Service’s initiatives to pursue illegal offshore tax havens, on May 16, 2013 a Florida couple – Drs. David Leon Fredrick and Patricia Lynn Hough – was indicted by a...more

What Are The Essential Elements Of A Corporate Compliance Program?

Can you synthesize and reconcile the world’s leading laws, regulations and commentaries on the best practices an anti-bribery and anti-corruption compliance program. ...more

People v Koon

Michigan Supreme Court Opinion Interpreting Driving Under Influence of Marijuana

The Michigan Medical Marijuana Act [MMMA] provides certain immunity from prosecution for the "medical use" of marijuana by a proper card-carrying patient. The MMMA does not, however, allow a card-carrying patient to drive...more

Indian American Neurosurgeon Sentenced to Probation for Unreported Offshore Bank Accounts

On February 1, 2013, the U.S. District Court for the Eastern District of Wisconsin sentenced Arvind Ahuja, a Milwaukee neurosurgeon, to serve three years of probation and to pay a fine of $350,000 following his conviction by...more

Appeals Court Strikes Fraud Sentence for Lack of Proof by Government

The U.S. Court of Appeals for the 11th Circuit recently ruled on an issue lying at the intersection of fraud conspiracies and the U.S. Sentencing Guidelines: the government’s separate burden of proof against each co-defendant...more

Supreme Court Settles Fifth Amendment Required Records Issue in Context of Offshore Bank Accounts

On May 13, 2013, the Supreme Court denied a taxpayer’s petition for certiorari regarding the Seventh Circuit’s August 27, 2012, decision applying the Required Records Exception to override the taxpayer’s Fifth Amendment...more

Supreme Court Preview: 2013

The United States Supreme Court has a busy docket for 2013. A number of important cases affecting the criminal justice system throughout the United States are to be decided this season. Cases involving the Fourth Amendment’s...more

What Happens When Big Data and Scientific Approach Meet Criminal Justice?

A Houston couple is giving an estimated $4 billion in the next few years to try to solve some of the nation’s social problems by the application of careful thought and statistical analysis – and the criminal justice system is...more

Understanding Utah Stalking Laws

Example 1: A man believes he is so in love with one of his co-workers that he memorizes her daily schedule. That way, he can cross paths with her when she orders her morning coffee, parks her car and swims laps at her gym...more

Expert Witnesses Add Critical Information To Trials

While most witnesses in a trial provide first-hand testimony, expert witnesses are called to provide an informed opinion based on their specialized knowledge, skill, training or education....more

CFPB and Justice Department Team Up on Enforcement

On May 7, 2013, the Consumer Financial Protection Bureau ("CFPB" or “Bureau”) and the United States Attorney’s Office for the Southern District of New York announced a joint law enforcement effort in U.S. District Court for...more