News & Analysis as of

Criminal Defense

Serving the cause from both sides: After sentencing policy changes, time to revisit old sentences

by DLA Piper on

For 11 years until this past February, I was proud to work for the U.S. Department of Justice. It was an honor to say in court, on a weekly if not daily basis, “on behalf of the United States.” As described in the...more

Groups Urge D.C. Circuit to Disclose DOJ Playbook

by Polsinelli on

Following the widely criticized prosecution of the late Alaska Senator Ted Stevens, the Department of Justice (“DOJ”), understandably, took steps to learn from the mistakes made in that case by drafting and distributing a...more

From 20 Years to Zero in Six Trial Days

As widely reported in the national media, Quinn Emanuel achieved a stunning outcome in the trial of our client, Joseph Sigelman, the co-founder and former Co-CEO of a Colombian oil company called PetroTiger. When trial began...more

FCPA Compliance and Ethics Report-Episode 168-Dan Cogdell on criminal procedure issues in defending an individual prosecuted...

by Thomas Fox on

In this episode I visit with well-known criminal defense attorney Dan Cogdell. He talks about some of the issues around defending individuals involved in a criminal-side FCPA enforcement action including: criminal procedure,...more

Crowley Executive Acquittal in Price Fixing Trial Highlights Importance of Evaluating Legitimate Defenses and Avoiding Costly Plea...

A federal jury’s recent acquittal of a shipping company executive charged with price fixing highlights the challenges and uncertainties the Antitrust Division of the Department of Justice (“DOJ”) faces when defendants force...more

Prosecutors are Entitled to Direct Access to Peace Officer Personnel Records

by Best Best & Krieger LLP on

Appellate Court Says No Pitchess Motion Required to Determine if Records Contain Brady Material - Overview: A California appellate court held this week that prosecutors are entitled to direct access — without a...more

New Mexico Supreme Court Applies Padilla Retroactively to 1990

In 2010, the Supreme Court of the United States, in the case of Padilla v. Kentucky, 559 U.S. 356 (2010), held that a defense attorney’s failure to advise the defendant concerning the risk of removal fell below the objective...more

New Language in Pittsburgh Proffer Agreement Increases Risks for White Collar Criminal Defendants in Western District of...

by Reed Smith on

For those persons in the midst of a federal “white collar” criminal investigation, an oftentimes crucial – and always difficult – decision is whether to “proffer” to the government. That decision just became tougher in any...more

Liability Insurers May Have Duty to Defend Against Federal Prosecutions, California Court of Appeal Holds

by Hinshaw & Culbertson LLP on

The Second Appellate District of California held on May 1 in Mt. Hawley Ins. Co. v. Lopez that California Insurance Code section 533.5(b) does not eliminate a liability insurer’s duty to defend against a federal prosecution...more

Second Circuit Bars Criminal Defendant from Accessing Assets Frozen by Regulators

The US Court of Appeals for the Second Circuit recently upheld a district court’s refusal to release nearly $4 million in assets frozen by the Securities and Exchange Commission and the Commodity Futures Trading Commission to...more

Imposition Of GST On Criminal Defence Legal Fees Does Not Infringe Section 10(b) Of The Charter: Stanley J. Tessmer Law...

by Dentons on

In Stanley J. Tessmer Law Corporation v The Queen, 2013 TCC 27, Justice Paris of the Tax Court of Canada confirmed that the general GST charging provision in section 165 of the Excise Tax Act, R.S.C. 1985, c. E-15 (the “ETA”)...more

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Cybersecurity

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