News & Analysis as of

Collateral Damage: Criminal Convictions and the Lasting Consequences

Prosecutors and often even judges do not appreciate the collateral consequences of a criminal conviction, regardless of whether it results from a trial or a plea agreement. While the direct consequences of conviction are...more

First Jail Sentence Under Canada’s Corruption of Foreign Public Officials Act Sends Strong Message to Business Community

Ed. Note-recently it was announced that Canada had made its first Canadian anti-corruption law, the Corruptions of Public Officials Act. I ask John Boscariol, a partner at McCarthy Tétrault LLP if he could explain the...more

Post-Conviction Relief – Why a Guilty Verdict Doesnt Mean the Fight is Over

A guilty verdict at trial seems like the end of what has likely been a long, and difficult process. The period awaiting trial may feel interminable; what happens after is sometimes a longer road with even more unknowns. But...more

Criminal Conviction Upheld for Modifying Videogame Console

USA v. Reichert - The U.S. Court of Appeals for the Sixth Circuit recently affirmed a defendant’s criminal conviction under the Digital Millennium Copyright Act for trafficking technology that modifies technological...more

Bernstein Shur Business and Commercial Litigation Newsletter #38

We are pleased to present the 38th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent convictions in the Madoff scandal, class action litigation against General Motors...more

Salinas v. Texas: Anything You Don’t Say Might Be Used Against You...

On June 17, the U.S. Supreme Court issued a decision in Salinas v. Texas, 133 S. Ct. 2174 (2013). The defendant, Genovevo Salinas, had voluntarily accompanied police officers to their station for questioning about a double...more

Concealing Evidence – What Happens When The Police Lie

Pressure to convict, emotional attachment to cases and an obsession to see justice delivered whatever the costs, can lead to cover-ups and shortcuts in compiling a case against suspected criminals....more

Private Prosecutions - An Often Overlooked Method of Corporate Enforcement in England and Wales

In Ireland, a hotelier has initiated a private prosecution against a current and a former employee of an Irish bank. The hotelier was a director and shareholder of two companies which apparently owed a significant amount to...more

Fourth Circuit Affirms Finding of No Fifth Amendment Violation in Connection with 45-Year Conviction for $100 Million Investment...

The US Court of Appeals for the Fourth Circuit recently affirmed a defendant’s conviction and 45-year sentence, holding that the defendant’s Fifth Amendment rights had not been violated where the government simply had limited...more

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