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U.S. v. Reddy Annappareddy: Government Admits Destroying Evidence While New Trial Motion Is Pending
Things are getting personal in U.S. v. Annappareddy. I posted here last week about this District of Maryland case in which the Government ultimately admitted to having presented false evidence to the trial jury, and grudgingly joined Defendant's new trial motion–granted the next day by Judge George Russell. Now the Government has admitted to "disposal" of certain documents while defendant's New Trial Motion was
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Reddy Annappareddy: Innocent Victim of the Government’s False Evidence
In June 2016, the U.S. District Court for the District of Maryland (Judge George Levi Russell III, presiding) granted Reddy Annappareddy a new trial on the grounds that the prosecutors presented false evidence to the jury at his first trial and that the outcome might have been different without the false evidence. This ruling is
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A Review of the UK Serious Fraud Office’s Second DPA
Earlier this month, the UK Serious Fraud Office announced the approval by Lord Justice Leveson of the country's second deferred prosecution agreement. Readers may recall that the implementation of a DPA process is relatively new in the UK (see prior post here). According to the SFO press release in the matter, the company, which remains
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Fed Ex Case – Real Change Needs to Happen
In 2014, prosecutors proceeded with a case against fed ex. Unlike many companies in a post-Arthur Andersen world, they would not be bullied into folding and taking a non-prosecution or deferred prosecution agreement. Instead, they took the risk – and it is always a risk – of going to trial. What makes this case particularly
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The Clinton Email Hearing
I agree with guest bloggers Ziran Zhang and Eugene Gorokhov in their thoughtful blog post (here) that "[i]f Director Comey is right that individuals in similar circumstances in the past were only subjected to administrative sanctions, then its decision to recommend no prosecution in this case may be the right one." I would, however, go
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The Law Behind the FBI’s Decision to Recommend No Charges in Clinton Email Investigation
Guest Bloggers Ziran Zhang & Eugene Gorokhov (Burnham and Gorokhov, PLLC): Recently, Professor Podgor wrote two informative posts covering FBI Director James Comey’s public statement about the FBI’s year-long investigation into Hillary Clinton’s use of private e-mail servers, its recommendation that no criminal charges be filed (here), and AG Loretta Lynch’s acceptance of the FBI’s
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AG Loretta Lynch’s Statement Contrasted With FBI Director Comey’s Statement
Attorney General Loretta Lynch issued a statement today regarding the DOJ's decision to close the investigation without charges. (see here). It's 3 1/2 lines shows the proper way to handle a declination of prosecution. It simply tells the individual and public that the investigation is over and that there will be no charges. Unlike FBI
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Comey’s Statement on Hillary Clinton’s Use of E-Mail
FBI Director James B. Comey spoke this morning regarding the FBI's investigation of Hillary Clinton's Use of a Personal E-Mail System. See his remarks (here), which are unique in many ways: 1. Most investigations do not receive a formal statement saying that no charges will be recommended. ("we don’t normally make public our recommendations to the prosecutors"). Most
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Can a Breach of Contract Be the Basis for a Wire Fraud Conviction
An interesting case is pending in the 11th Circuit that considers whether a breach of a real estate contract can be the basis for a wire fraud conviction. The case involves a failure to disclosure a sinkhole when selling a residence. There is a huge federalism question here that is magnified by the fact that Alabama "employ[s] the
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McDonnell Is Nothing New
Some folks have expressed critical views of the Supreme Court's opinion in the McDonnell case. But they are forgetting several important points: This was a unanimous decision by the Court. There were no dissents. There were no concurring opinions. It was clearcut! This decision does not put a stop to prosecutions for bribery and extortion. Cases
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