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Supremely Improbable
FEATURED
July 30, 2024
Supremely Improbable
By: James Trusty
President Biden’s pronounced objectives for Supreme Court “reform” are improbable, politically lifeless under a particularly lame duck presidency, and motivated by transparently November-driven calculations. But even if the proposed changes are doomed from the start, they push public discourse on a couple of issues that are red meat for the democrats. The stated reforms are superficially simple ones: 1) to “clarify” that “there is no immunity for crimes a former president committed while in office,” 2) to limit SCOTUS appointments to 18-year terms, and 3) to create a mandatory/enforceable ethics code on the high court. Some context for this agenda is in order. The “clarification” push flows directly, albeit inaccurately, from the recent immunity decision in Trump v. United States….
Presidential Immunity Ruling Stirs Sound and Fury
July 5, 2024
Presidential Immunity Ruling Stirs Sound and Fury
By: James Trusty
The immediate and eventual impact of the Supreme Court’s immunity decision in Trump v. United States is both considerable and dramatically misrepresented. The initial consequences include likely delay to the January 6 prosecution out of D.C. and the setting of hearings—in D.C., Georgia and south Florida—where the judges will be required to make factual findings as to whether the evidence supporting the indictments reflect “official…
The Challenging Terrain of White-Collar Sentencing
June 3, 2024
The Challenging Terrain of White-Collar Sentencing
By: James Trusty
Federal judges are required to balance a number of factors whenever imposing sentence, including specifically enumerated areas that largely stem from the broader philosophical categories of General Deterrence, Specific Deterrence, Retribution/Punishment, Restitution and Victim Impact, and Rehabilitation. In determining the presumptively reasonable range of potential sentences, federal practitioners consult their always-handy U.S. Sentencing Guidelines, which create a sentencing range grid based upon the offense characteristics…
The Disintegration of White-Collar Criminal Bernie Madoff
April 27, 2011
The Disintegration of White-Collar Criminal Bernie Madoff
By: Ifrah Law
In December 2010, Bernie Madoff contacted the Financial Times to say that he was ready for his second prison interview. It had been two years since news broke of Madoff’s 16-year, $65 billion Ponzi scheme, and just 17 months since he began serving his 150-year sentence. By the time he was interviewed, his oldest son, Mark, had hanged himself on the second anniversary of Madoff’s…
DOJ Shows Its Continuing Strong Interest in FCPA Violations
April 21, 2011
DOJ Shows Its Continuing Strong Interest in FCPA Violations
By: Ifrah Law
Over the course of several years, officials of the United States Department of Justice have made clear the Department’s intent to enforce vigorously the dictates of the Foreign Corrupt Practices Act (FCPA). In general terms, the FCPA prohibits the offering or giving of things of value to any foreign official to assist in obtaining or retaining business. Last November, Assistant Attorney General Lanny Breuer warned…
Strike Force Hits Hard at Massive Medicare Fraud
March 31, 2011
Strike Force Hits Hard at Massive Medicare Fraud
By: Ifrah Law
Last month, the Federal Medicare Strike Force charged 111 defendants in nine states for their alleged participation in fraud schemes that reportedly cost Medicare almost a quarter billion dollars. Last month’s sweep resulted from the Justice Department’s and Health and Human Services’ work with the FBI, the HHS inspector general, and various state and local law enforcement officials. It represents the largest federal takedown of health-care…
The Great Race: Legal Online Poker Advances in Nevada, Hawaii Legislatures
March 24, 2011
The Great Race: Legal Online Poker Advances in Nevada, Hawaii Legislatures
By: Ifrah Law
Hearing Clarifies Issues in Nevada The Nevada Assembly Committee on Judiciary met on March 24, 2011, to discuss AB 258, which would provide for the licensing and operation of Internet poker in Nevada for the first time. Committee members were, not surprisingly, interested in the possible benefit or harm to Nevada’s existing bricks-and-mortar gaming industry from the legislation – such as the possible creation of…
‘Taking the Fifth’ Before Congress: A New Ethics Twist
March 18, 2011
‘Taking the Fifth’ Before Congress: A New Ethics Twist
By: Ifrah Law
It’s unethical for a prosecutor to put a witness on the stand in a criminal trial when he or she knows in advance that the witness is going to take the Fifth Amendment and refuse to testify at all. Legal ethics authorities reason that the only effect of that kind of testimony is not to bring out relevant evidence but simply to prejudice the jury…
