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Materiality and the Flynn Prosecution
Title 18, United States Code, Section 1001, criminalizes certain false statements or omissions made to the federal government. The statute requires that the false statement be material to a matter within the jurisdiction of a federal agency or department. Materiality is an element of the offense that must be alleged and proved beyond a reasonable
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DOJ Moves to Dismiss Flynn Case
Here is a copy of the Government's Motion to Dismiss the Criminal Information Against the Defendant Michael T. Flynn – Download U.S. v. Flynn–Government Motion to Dismiss (1) But will it be as easy as some may think? Commentary to follow. (esp)
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Bridgegate Convictions Reversed – Unanimous – Of Course!
Of course the Bridgegate (Kelly v. United States) case was reversed by the Supreme Court here. And of course, it was unanimous. (Just like McDonnell) Justice Kagan authored the 12 1/2 page decision. Yes, the court did note that the lanes leading to the George Washington Bridge were realigned and that "they did so for
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Call For Papers: “Race AND Gender AND Policing”
FR: Program on Race, Gender & PolicingUniversity of Nevada, Las Vegas William S. Boyd School of Law TO: Scholars of Law, Criminology, or Related Matters We are pleased to announce a call for papers for a special issue of the Nevada Law Journal on “Race AND Gender AND Policing.” Guest-edited by the faculty board of
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NACDL Coronavirus Resources
NACDL created a resource page to assist criminal defense attorneys here. (esp)
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He Did What?
See Robert Faturechi & Derek Willis, Senator Dumped Up to $1.7 Million of Stock After Reassuring Public About Coronavirus Preparedness. ProPublica. See also Michelle Ye Hee Lee & John Wagner, Sen. Richard Burr (R-N.C.), head of powerful committee, sold large amount of stocks before sharp declines in market, Wash Post Should it be sufficient that
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Should Congress Be Allowed to Obtain President Trump’s Financial Information?
The Supreme Court on March 31st will hear oral arguments in the cases of Trump v. Mazars USA, Trump v. Deutsche Bank, and Trump v. Vance, the first two of the cases consolidated for argument. The question in the Mazars case is whether the Committee on Oversight and Reform of the U.S. House of
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Court Will Review Unredacted Mueller Report – “Candor” and “Credibility” Matters
U.S. District Court Reggie Walton issued an order today stating that he would review in camera the unredacted version of the Mueller Report to determine whether the withheld material comports with FOIA exemptions. But the Court's Order also sends a message on the importance of truthful transparency. The court in comparing the redacted Mueller Report
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Criminal History of Economic Crimes – Sentencing Commission Report
The US Sentencing Commission recently issued a Report of Federal Economic Crime Offenders. The key findings of this Report (here) are telling, specifically these - The application of guideline criminal history provisions differed among the different types of economic crime offenders. The extent of prior convictions differed among the different types of
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Overcoming Ethical Issues With CDAs
Coordinating Discovery Attorneys (CDAs) can play a crucial role in examining, organizing. and processing discovery in a white collar case with massive amounts of documents. Like joint defense agreements, the use of a CDA can significantly cut costs in a case. Many who cannot afford the fees of being represented in a document driven white
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