Criminal Defense

News & Analysis as of

Justice System for White-Collar Defendants is Flawed Top to Bottom

I am not an expert by any means, but I was a prosecutor for four years, serving as an assistant U.S. attorney for the District of Hawaii, and I have spent the rest of my 32-year career as a white-collar criminal defense and...more

Prosecutors are Entitled to Direct Access to Peace Officer Personnel Records

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

In Criminal Defense Victim Restitution is Not Punishment, but it Sure Feels Like it! #CriminalAttorney

ne of the fundamental principles of our criminal justice system is that one person should never be punished for the misdeeds of another. As a result, if an eighteen-year-old gets drunk and smashes several car windows with 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

White Collar Criminal Defense Update: Third Circuit Court of Appeals Discusses “Willful Blindness” Jury Instruction and Burden...

On April 30, 2014, the Philadelphia based U.S. Court of Appeals for the Third Circuit issued its precedential opinion in United States v. Tai, ___ F.3d ___, 2014 U.S. App. LEXIS 8129 (3d Cir. April 30, 2014), here. A copy of...more

Better News For White-Collar Defendants: Okatan Responds To The Supreme Court's Salinas Decision

The Supreme Court’s June 2013 decision United States v. Salinas raised a few eyebrows among white-collar practitioners because its focus on the need to expressly invoke the Fifth Amendment in order to obtain its protections...more

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

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

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...

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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