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Maryland Moving at a Misguided PACE
FEATURED
March 14, 2025
Maryland Moving at a Misguided PACE
By: James Trusty
Maryland legislature is considering passing a law ineptly called the Protecting the Admissibility of Creative Expression (“PACE Act”) which would limit the use of rap lyrics, among other forms of expression, in criminal and juvenile proceedings. While prosecution use of rap lyrics in criminal trials is a bit uncommon, the state house move here is in reaction to a 2020 murder case in which a defendant’s post-arrest rap about killing “snitches” with a “.40” may have weighed heavily in the jury’s conviction. In Montague v. State, 471 Md. 657 Md. 2020) the Maryland Supreme Court affirmed the trial court’s ruling that Montague’s ruminations about murder and using a .40 caliber weapon—made from a jail phone after his arrest—was not an…
My Brother’s Keeper
February 20, 2025
My Brother’s Keeper
By: Abbey Block
Am I my brother’s keeper? Or more specifically, can lawyers be sued for their clients’ bad behavior? A newly proposed bill out of Washington state says yes. The bill, HB 1891, provides the following legal framework, under which an attorney can be sued for injuries caused by his or her client who is released from detention pending trial: Any person injured by an individual who…
DOJ Memo Sneaks In Seismic Changes
January 31, 2025
DOJ Memo Sneaks In Seismic Changes
By: James Trusty
Amidst the tidal wave of Executive Orders, presidential appointments, and policy announcements, it is easy to treat last week’s Interim Policy Memo from the Acting Deputy Attorney General[1] as just another ripple of nominal change that occurs when democrats replace republicans or republicans replace democrats. And, indeed, although there are portions of it that reflect the recurring philosophical tug-of-war over the tough on crime approach…
Judge Dismisses Lindsey FCPA Case, Finding Prosecutorial Misconduct
December 12, 2011
Judge Dismisses Lindsey FCPA Case, Finding Prosecutorial Misconduct
By: Ifrah Law
In May 2011, a federal jury in Los Angeles convicted Lindsey Manufacturing Co., its president Keith Lindsey, and CFO Steve Lee, on foreign bribery charges for their dealings with Mexico’s state-owned electricity utility, Comision Federal de Electricidad. The prosecutors claimed that Lindsey Manufacturing retained Enrique Aguilar, a Mexican company representative, after repeatedly failing to win contracts legitimately – and that the defendants knew that the…
More Big Pharma Companies Cough Up Big Dollars in DOJ Settlements
November 30, 2011
More Big Pharma Companies Cough Up Big Dollars in DOJ Settlements
By: Ifrah Law
The parade of major drug companies coughing up nine-digit or ten-digit dollar amounts in settlements with the U.S. government is continuing. GlaxoSmithKline recently broke a record by agreeing to pay the federal government $3 billion to settle an illegal pharmaceutical marketing case. This surpasses the previous record of $2.3 billion paid by Pfizer in 2009 over the marketing of its Bextra painkiller and other drugs….
Convicted of Fraud but Changed Their Lives; Appeals Court Takes Note
November 29, 2011
Convicted of Fraud but Changed Their Lives; Appeals Court Takes Note
By: Ifrah Law
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 Elizabeth Robertson were involved in a mortgage fraud scheme through…
In Appeal of Construction Fraud Case, DOJ Seeks Tougher Sentences
November 17, 2011
In Appeal of Construction Fraud Case, DOJ Seeks Tougher Sentences
By: Ifrah Law
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 accurately reflect the seriousness of their crimes. Robert Prosperi, the…
Options for Suing the Federal Government Under Bivens Unlikely to Expand
November 7, 2011
Options for Suing the Federal Government Under Bivens Unlikely to Expand
By: Ifrah Law
In 2001, federal inmate Richard Lee Pollard sustained two broken elbows after tripping over a cart in a privately operated prison housing federal inmates. He sued five prison employees for their actions after his injuries. On Nov. 1, 2011, the Supreme Court held oral argument in Minneci v. Pollard and considered the possibility of creating a new federal remedy against private employees who work for…
