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Supremes Strike Down the Government’s Attempt to Stretch The Hobbs Act
In Sekhar v. United States, the Supreme Court looked at the question of "whether attempting to compel a person to recommend that his employer approve an investment constitutes 'the obtaining of property from another' under 18 U.S.C. s 1951(b)(2)," the Hobbs Act. The Hobbs Act has been a statute of choice for federal prosecutors in
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Supreme Court Issues Decision in Hobbs Act Case
Sekhar v. United States here. Commentary to follow. (esp)
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Kathleen F. Brickey
Washington University Law School reports the passing of Kathleen F. Brickey here. The New York Times here called her " the dean of the field." She authored the first casebook in this area, wrote an incredible treatise on Corporate Criminal Liability, a book on Environmental Crimes and authored many articles in the white collar field. (see
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Indigent Defense Crisis – White Collar Matters Could Be Implicated
According to a federal defender, "[f]ederal public defenders are facing unprecedented and devastating funding cuts in FY14, and the present plan would reduce budgets by 26% and staff by 33% nationally — making these offices by far the hardest "hit" federal agency in the country." A leading bar organization has issued a statement of concern.
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The Wall Street Journal Takes Aim At Comey
by: Solomon L. Wisenberg In what should be a surprise to no one, the Wall Street Journal editorial page today launched an attack on James Comey, President Obama's nominee to be the next FBI Director. The primary offenses? Comey's objection to the Bush Administration's illegal warrantless wiretapping and Comey's appointment of Patrick Fitzgerald as Special Counsel
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DOJ Continues To Violate Brady Rule
by: Solomon L. Wisenberg Despite all the promises and policy iterations we continue to see blatant DOJ Brady violations. These are violations that first year criminal procedure students would know not to commit. The latest to come to light is from the Eastern District of Tennessee. Yesterday, the U.S. Court of Appeals for the Sixth Circuit
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Non-arrested Person Asserting Right to Silence Must Assert Constitution
by: Lawrence S. Goldman In Salinas v. Texas, the Supreme Court in a bizarre, unrealistic 5-4 (or more precisely 3/2-4) decision announced yesterday seemed to rule that the pre-arrest silence of a person not in custody may be introduced at trial against that person and commented upon in summation by the prosecutor — unless that person
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A Great Moment In The History Of The FBI
by: Solomon L. Wisenberg This makes me so damn proud to be an American. What a righteous Department of Justice we have! Always going after the malefactors of great wealth. And God Bless the Fan Belt Inspectors too. No crime is too small for the Bureau to root out. Kudos to John Cook of Gawker.com for
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Circuit Report
by: Solomon L. Wisenberg Today in U.S. v. Cherry, the Fourth Circuit held that it was plain error for a trial court to tell the jury about the defendant's inadmissible criminal history prior to polling the jurors. Alas, the error was harmless, given the overwhelming evidence of guilt. The offending jurist was Senior District Judge Robert
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