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Maryland Moving at a Misguided PACE

Maryland Moving at a Misguided PACE

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…

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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…

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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…

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District Judge Orders Much-Reduced Sentence in Fraud Case

October 10, 2011

District Judge Orders Much-Reduced Sentence in Fraud Case

By: Ifrah Law

A federal judge has made a major reversal in the case of Steve Warshak, the Berkeley Premium Nutraceuticals founder who was sentenced to 25 years for defrauding customers who bought his “male enhancement” pills, which were advertised in the notorious “Smiling Bob” ad campaign. We have discussed Warshak’s case in a previous blog post. Warshak had been accused of defrauding customers out of $400 million,…

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Judge Imposes Draconian Sentences in Medicare Fraud Scheme

October 7, 2011

Judge Imposes Draconian Sentences in Medicare Fraud Scheme

By: Ifrah Law

On Sept. 16, 2011, a federal judge in Miami sentenced Lawrence Duran to 50 years in prison, the longest sentence ever imposed in a Medicare fraud case, for his role in a massive fraud scheme that resulted in more than $205 million in losses. Duran was also ordered to pay $87 million in restitution. Duran was co-owner of American Therapeutic Corporation with Marianella Valera, his…

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Appeals Court Limits Scope of ‘Intended Loss’ in Sentencing Guidelines

September 27, 2011

Appeals Court Limits Scope of ‘Intended Loss’ in Sentencing Guidelines

By: Ifrah Law

The U.S. Court of Appeals for the 10th Circuit recently considered what type of proof is required for a sentence enhancement based on “intended loss” under the U.S. Sentencing Guidelines. The court held that a loss enhancement applies only to losses the defendant purposely sought to inflict, not losses the defendant merely knew would occur or possible losses the defendant may have contemplated. To most…

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No Attorney’s Fee Award for This Type of Prosecutorial Misconduct

September 22, 2011

No Attorney’s Fee Award for This Type of Prosecutorial Misconduct

By: Ifrah Law

The case of United States v. Shaygan recently made the news when the U.S. Court of Appeals for the 11th Circuit overturned a district court’s award of $600,000 in attorney’s fees to a defendant who was the victim of prosecutorial misconduct. The misconduct was indeed egregious — including recording conversations between a lawyer and a defense investigator, violating discovery orders, and vexatiously filing a superseding…

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Prosecutors’ Misconduct Is More Than Just ‘Honest Mistakes’

September 8, 2011

Prosecutors’ Misconduct Is More Than Just ‘Honest Mistakes’

By: Ifrah Law

A federal judge in the District of Columbia recently ruled that the U.S. Department of Justice will be allowed to retry star pitcher Roger Clemens on perjury charges after a mistrial was declared earlier this summer when the prosecution made reference to inadmissible evidence in open court. The government claimed that its violation of court orders was done inadvertently and was not an instance of…

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Articles and Presentations by Our Firm Attorneys

Maryland Moving at a Misguided PACE

Maryland Moving at a Misguided PACE
By: James Trusty

My Brother’s Keeper

My Brother’s Keeper
By: Abbey Block

DOJ Memo Sneaks In Seismic Changes

DOJ Memo Sneaks In Seismic Changes
By: James Trusty

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