Blog

  • Even White Collar Offenders Are Restricted Pre-Trial

    In cases where the accused is charged with murder, it is rare that the defendant will receive bail.  In contrast in white collar cases, it is rare that the accused is not granted bail.  Often, however, restrictions are placed on the defendant.  The usual restrictions range from turning in a passport or gun. CNN reports…

    Read more

  • Rosen Acquitted of Campaign Reporting Charges

    David Rosen, the former national finance director for Senator Hillary Rodham Clinton (referred to as "Senator A"), was acquitted of two counts of filing false campaign finance statements with the Federal Election Commission.  An AP story (here) reports that the jury was out approximately 6 hours before it returned the "not guilty" verdict.  Rosen’s testimony…

    Read more

  • The FBI Dances the Tennessee Waltz

    In an undercover operation that appears to have lasted more than two years, the United States Attorney’s Office for the Western District of Tennessee indicted four present and one former state legislators on criminal charges related to improperly taking money.  Some of the news reports on these indictments coming from the undercover operation, called the…

    Read more

  • Jury Deliberations

    This seems to be a week of trials ending and jury deliberations beginning, or about to begin.  Of course there is the Scrushy jury that has been deliberating for several days (see here). Jury deliberations have also just started in the case against David Rosen, who is facing two counts of false statements to the…

    Read more

  • Sounds Like the Scrushy Jury Feels the Frustration of the Law

    The jury, unable to reach an agreement on the conspiracy count, has asked the judge whether they should move onto other counts.  (see WSJ here and Birmingham News here).  One feels their frustration in that according to these news reports they are asking the judge for a one word answer – yes or no.  We…

    Read more

  • Runaway Bride Case

    Gwinnett County (Georgia) Prosecutor Danny Porter has decided to proceed with two counts against the runaway bride. (see Atl. Jrl Const. here)  Although I have not been able to secure a copy of the indictment as of yet, according to the Atl. Jrl Constitution, the two charges are: "one  felony count of making false statements…

    Read more

  • NOW v. Schiedler

    NOW v. Schiedler is a case that is well known in legal circles.  The latest appears to be an attempt to have certiorari granted with issues regarding the Hobbs Act.  The essence of the Petition in Opposition to a cert grant is that "[t]his Court should abide by its settled practice of denying certiorari over…

    Read more

  • Indictment of Former U.S. Attorney’s Office Employee

    A former employee of the U.S. Attorney’s Office for the Middle District of Louisiana will be pleading guilty to "willfully engaging in a conflict of interest, a felony violation of 18 U.S.C. §§ 208(a) and 216(a)(2)."  According to a press release of the criminal division, the individual who will plead guilty to a criminal information…

    Read more

  • Closing Arguments Begin in Kozlowski Case

    Closing arguments in the trial of Dennis Kozlowski and Mark Swartz have begun. (See Wall Street Jrl here) (esp)

    Read more

  • Who Does Understand Conspiracy?

    Perhaps one of the hardest subjects to teach in criminal law is the law of conspiracy. It is therefore not surprising that the Scrushy jury is having trouble understanding this particular aspect of the case. (see here and here) After the usual and unusual (see here) preliminary aspects of the  jury instructions, the court’s instructions…

    Read more