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Supreme Court Takes Cases on Prescribing Doctors’ Good Faith Defense
Guest Bloggers: Eugene V. Gorokhov & Jonathan Knowles of Burnham & Gorokhov, PLLC The Supreme Court recently granted certiorari in two cases addressing criminal liability for doctors who prescribe controlled substances in good faith. It is also considering a similar petition from the Fourth Circuit, which includes Maryland and Virginia. The Court last addressed this issue
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Will It Be – DOJ v. Corporations?
Here's the DOJ's Memorandum on the creation of a internal corporate crime advisory group - Corporate Crime Advisory Group and Initial Revisions to Corporate Criminal Enforcement Policies. This Memo talks about the internal advisory group to reinforce the forthcoming department changes regarding corporate prosecutions. I am also announcing, through this Memorandum, the creation of a
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Corporate Executives – Beef Up Your Legal Teams
Deputy AG Lisa Monaco, speaking at the 36th ABA White Collar Crime Institute discussed three areas: "I have three priorities for my time with you. First, I want to describe three new actions that the department is taking today to strengthen the way we respond to corporate crime. Second, I want to look forward and
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“Imagining a World Without Corporate Criminal Law”
"Imagining a World Without Corporate Criminal Law" is a symposium that will generate new ideas about the value of applying criminal sanctions to collective entities. Leading scholars representing diverse viewpoints will imagine criminal law without corporate liability and trace the possible implications of such a development. Symposiasts will address whatever aspects of the question they believe
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What Does the Supreme Court’s Interpretation of the Computer Fraud Statute Mean for Cybersecurity
The Supreme Court issued the Van Buren case this morning, providing a strict interpretation to the words "intentionally accesses a computer without authorization or exceeds authorized access." It's a 6-3 decision with an odd mix of the players. Writing the majority opinion is Justice Barrett, joined by Justices Breyer, Sotomayor, Kagan, Gorsuch, and Kavanaugh. On
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It Is All In the Emails – Mueller Report Review
Judge Amy Berman Jackson issued an order today that dissects two claims raised in Citizens for Responsibility & Ethics in Washinton v. U.S. Dept. of Justice related to the Mueller Report. It notes that "CREW brought this action under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, against the United States Department of
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Be Careful What You Ask For: Third Circuit Vacates Two Sentences For Defense Breaches Of Plea Agreement
In two cases consolidated for appeal, U.S. v. Yusuf and U.S. v. Campbell, the Third Circuit reversed downward variances based on defense breaches of the plea agreement. Both cases came out of the District of New Jersey and both involved plea agreements that recognized the sentencing court's ability to downwardly vary, but forbade the defense
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Gideon Day & The Role of Public Defenders In White Collar Cases
Today, March 18, 2021, is the 68th birthday of the Supreme Court decision in Gideon v. Wainwright. Although Gideon marks the recognition of the Sixth Amendment right to counsel as a fundamental right applicable in state cases, it reinforces the Court's prior decision in Johnson v. Zerbst, holding the right to counsel in federal cases.
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Re-evaluating DOJ’s Special Matters Unit
In 2020, the Fraud Section of the DOJ created the Special Matters Unit (SMU). The naming of this unit was somewhat interesting in that in the early years of white collar crime, larger law firms used the term "special matters" for their section handling white collar criminal activity. Initially, many large firms did not handle
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Prohibiting Punishment of Acquitted Conduct Act of 2021
Perhaps one of the most difficult issues to explain to students is that acquitted conduct may be used by a court in sentencing someone convicted of a crime. And it should be difficult to explain this, as it goes against the grain of fundamental constitutional rights at the core of our democracy. It is therefore
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