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Appeals Posts
Judge Rakoff and the Emperor’s New Clothes
Oct 29, 2012
Judge Rakoff and the Emperor’s New Clothes
On October 24, 2012, U.S. District Judge Jed Rakoff sentenced Rajat Gupta to 24 months after he was found guilty by a jury of one count of conspiracy and three counts of substantive securities fraud, in connection with providing material non-public information to convicted inside trader Raj Rajratnam. This two-year prison sentence was substantially below…
Appellate Court Casts Doubt on Acceptability of ‘Obey-the Law’ Injunctions
Jun 25, 2012
Appellate Court Casts Doubt on Acceptability of ‘Obey-the Law’ Injunctions
We recently blogged about the recent decision of the U.S. Court of Appeals for the 11th Circuit in Securities and Exchange Commission v. Goble, 2012 WL 1918819 (11th Cir. May 29, 2012). There, we discussed the appeals court’s limitation on the reach of the concept of “securities fraud” under Section 10(b) of the Exchange Act…
Second Circuit YouTube Ruling Will Have Major Impact for Online-Piracy Debate
Apr 10, 2012
Second Circuit YouTube Ruling Will Have Major Impact for Online-Piracy Debate
What had been touted as a great victory for Google in particular and for “Internet freedom” in general was just dealt a major blow when the U.S. Court of Appeals for the Second Circuit Court of Appeals overturned a lower court decision in Viacom’s lawsuit against Google and Google-owned YouTube. Viacom, along with the English…
Nevada Case Points to Perils of Assertion of 5th Amendment in Civil Cases
Mar 12, 2012
Nevada Case Points to Perils of Assertion of 5th Amendment in Civil Cases
One of the hardest decisions on which a lawyer may be called upon to advise a client in civil litigation is the decision whether to assert the Fifth Amendment privilege. On the one hand, the overlap between pending civil and criminal matters may make it dangerous for the client to make statements that could incriminate…
D.C. Appeals Court Rejects Challenge to Admission of Handwriting Evidence
Mar 8, 2012
D.C. Appeals Court Rejects Challenge to Admission of Handwriting Evidence
If there was ever an open question as to whether forensic handwriting identification is admissible under D.C.’s common law of evidence, the D.C. Court of Appeals has finally put that question to rest. On February 9, 2012, the Court of Appeals held that handwriting comparison and identification, as practiced by FBI examiners, passes the Frye…
D.C. Circuit Tackles Ex-Prosecutor’s Allegations of Privacy Violations
Feb 20, 2012
D.C. Circuit Tackles Ex-Prosecutor’s Allegations of Privacy Violations
After a nearly decade-long legal battle, the Department of Justice (DOJ) is seeking to dismiss once and for all the privacy suit of Richard Convertino, a former federal prosecutor in Detroit who alleges that the DOJ illegally gave the press details of an internal investigation into his alleged misconduct. In February 2004, Convertino filed a…
Death Penalty Overturned Because of Sleeping, Tweeting Jurors
Jan 25, 2012
Death Penalty Overturned Because of Sleeping, Tweeting Jurors
Contrary to our prediction, the Arkansas Supreme Court has vacated the conviction and sentencing of capital-murder defendant Erickson Dimas-Martinez and remanded the case for a new trial on grounds of juror misconduct. Although the decision is a definite victory for defendants, it may well invite a flood of appeals based on allegations of misconduct, regardless…
Convicted of Fraud but Changed Their Lives; Appeals Court Takes Note
Nov 29, 2011
Convicted of Fraud but Changed Their Lives; Appeals Court Takes Note
The U.S. Court of Appeals for the 7th Circuit recently issued a notable decision in the case of United States v. Robertson, vacating and remanding the sentences of two defendants convicted of a mortgage fraud scheme because the sentencing judge failed to consider unusually strong evidence of self-motivated rehabilitation. In the late 1990’s, Henry and…
In Appeal of Construction Fraud Case, DOJ Seeks Tougher Sentences
Nov 17, 2011
In Appeal of Construction Fraud Case, DOJ Seeks Tougher Sentences
In a very rare case in which the government argued that it viewed criminal sentences as too lenient, the U.S. Department of Justice contended in an appeal to the U.S. Court of Appeals for the 1st Circuit on Nov. 7, 2011, that the sentences handed out to two government contractors convicted of fraud did not…
Spurned Juror Loses in Court, But His Efforts Lead to New D.C. Court Rule
Oct 26, 2011
Spurned Juror Loses in Court, But His Efforts Lead to New D.C. Court Rule
A former juror in Washington, D.C., recently lost a District Court ruling stemming from his dismissal from a grand jury panel in 2001, but his case appears to have brought about needed change in the jury system there. Peter Atherton, a nuclear engineer, was scheduled to serve on the grand jury for 25 days, beginning…
