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Thoughts on the McDonnell Decision
I received the McDonnell decision with mixed feelings. Initially, I was happy for my colleague Hank Asbill, one of the nation's top criminal defense attorneys, for a great victory. Asbill and his co-counsel litigated this case the "old-fashioned way" – they fought it, and fought it, and then fought it. Their tenacity, dedication and skill
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Bob McDonnell, Arthur Andersen and the Failure of District Court Gatekeeping
McDonnell v. United States and Arthur Andersen v. United States are remarkably similar Supreme Court reversals. In both cases, aggressive federal prosecutors pushed obviously dubious jury instructions on all-too-willing federal district judges. In Arthur Andersen, Enron Task Force prosecutors convinced Judge Melinda Harmon to alter her initial jury charge, defining the term "corruptly." Judge Harmon's charge was right out of the form
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Should Former Virginia Governor McDonnell’s Case Be Retried?
The Supreme Court vacated and remanded the convictions from former Governor Robert McDonnell's case this morning in a unanimous decision, finding that "hosting an event, meeting with other officials, or speaking with interested parties is not, standing alone, a 'decision or action' within the meaning of section 201(a)(3), even if the event, meeting, or speech
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Governor McDonnell’s Conviction Vacated and Remanded- Analysis
It was the last decision issued by the US Supreme Court this term, and an important one for many. The Supreme Court vacated and remanded former Virginia Governor Robert McDonnell's conviction (see here). It was a unanimous decision – a strong statement with which to end the Court's term. The key issue was what constitutes
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Governor McDonnell’s Conviction – Vacated and Remanded
See here. Commentary to follow. (esp)
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The RJR Nabisco v. European Community – What Does It Mean For White Collar Criminal RICO Cases
Yes, The Supreme Court's opinion here looks at whether RICO has extraterritorial application in the civil context. And in that regard it limits its extraterritorial application. But there is some important language in this opinion for both civil and criminal practitioners, especially since much of RICO is premised on a criminal statute, and all of RICO
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Supreme Court Limits Loose Hobbs Act Interstate Commerce Interpretation to Drug Cases
The Supreme Court ruled today in Taylor v. United States, examining the interstate commerce element of the Hobbs Act. Although it provided a broad interpretation, it limited the decision to "cases in which the defendant targets drug dealers for the purpose of stealing drugs or proceeds." The Court explicitly states that it "did not resolve what the
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Opinion Recognizes Mitigating Effect of Collateral Consequences on Sentencing
A few weeks ago, in United States v Nesbeth (15 CR-18, EDNY, May 24, 2016) Judge Frederic Block wrote an important opinion on the effect of post-conviction collateral consequences on one convicted of a felony, and as a result of such consequences imposed a one-year probation sentence on a woman convicted of importing cocaine. He wrote
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The Baylor Findings of Fact: All Too Transparent.
When I first read the Baylor University Board of Regents FINDINGS OF FACT, it was immediately obvious that these were not factual findings at all, not in any sense that lawyers would recognize. They were normative conclusions almost completely unsupported by detailed facts, particularly with respect to the individuals who have been publicly shamed by the Board. Say
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Stanley Sacks: Still Going Strong!
Happy Birthday to the dean of the Norfolk, Virginia criminal defense bar, Stanley Sacks. Still going strong at 94 and still going to work every day.
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