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Presidential Immunity Ruling Stirs Sound and Fury
FEATURED
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 acts” of a president, “unofficial acts” of a personal nature, or “official acts” relating to the president’s core constitutional responsibilities. In D.C., Judge Chutkan sided with Special Counsel Jack Smith in pushing for a comparatively expedited trial date based upon a nebulous “speedy trial” right of the public to see a leading presidential candidate tried…
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…
Punishing the Parent – Should the Parents of a School Shooter Be Criminally Liable for their Parental Failures?
April 16, 2024
Punishing the Parent – Should the Parents of a School Shooter Be Criminally Liable for their Parental Failures?
By: Abbey Block
Can being a bad parent make you a criminal? A jury in Michigan recently answered yes in the case of Jennifer and James Crumbley – the parents of high school mass shooter, Ethan Crumbley. Although neither Mr. nor Mrs. Crumbley fired a single shot during the school shooting that killed four students (and injured six other people), last week they were each sentenced to ten…
Lesson From Ex-Congressman’s Plight: Follow Rules, Come Clean
August 13, 2010
Lesson From Ex-Congressman’s Plight: Follow Rules, Come Clean
By: Ifrah Law
Federal prosecutors often take very seriously the prohibitions on illegal lobbying and on withholding the truth from the FBI. That’s one of the lessons that former U.S. Rep. Mark Siljander probably learned last month when he pleaded guilty to two federal charges relating to his alleged ties to an Islamic charity claimed to have funded money to international terrorists. When Siljander was indicted in January…
In Lerach Case, An Interesting Sentencing Distinction
August 11, 2010
In Lerach Case, An Interesting Sentencing Distinction
By: Ifrah Law
The U.S. attorney’s office in Los Angeles just took an interesting and nuanced position concerning a very high-profile request for community service as part of a guilty plea. Disgraced plaintiffs attorney William Lerach pleaded guilty in 2007 to a charge of conspiring to obstruct justice and make false statements in many of his law firm’s class actions. He completed a two-year prison term and is…
Honest Services Fraud — Still Alive and Kicking?
August 9, 2010
Honest Services Fraud — Still Alive and Kicking?
By: Ifrah Law
We wrote recently that the very recent Supreme Court decision in United States v. Skilling, limiting the reach of the federal “honest services” statute, may have an immediate impact on the ongoing case against Kevin A. Ring, a former associate of Jack Abramoff. See “Skilling Having Impact on Pending Honest Services Fraud Cases,” July 28, 2010. But last week, U.S. District Judge Ellen Segal Huvelle…
Court Places Limits on DOJ’s Asset Forfeiture Powers
August 4, 2010
Court Places Limits on DOJ’s Asset Forfeiture Powers
By: Ifrah Law
The D.C. Circuit recently handed a significant victory to anyone with assets in the U.S. – especially anyone under investigation in another country for violation of that country’s laws. As reported on the Blog of Legal Times, the D.C. Circuit issued a decision on July 16 holding that the Department of Justice could not seize the assets of two funds pending Brazil’s investigation of the…
Federal Sentencing: A Longer Sentence For Post-Conviction Comments to the Press?
August 2, 2010
Federal Sentencing: A Longer Sentence For Post-Conviction Comments to the Press?
By: Ifrah Law
Lynne Stewart, an attorney who was convicted in 2005 of providing material support to a terrorist group by passing messages to and from her imprisoned client, Sheik Omar Abdel Rahman, to his followers, was re-sentenced last month by U.S. District Judge John Koeltl in the Southern District of New York to 10 years in prison, far more than observers expected. But most surprising was the…
