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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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When Double Jeopardy Means No Jeopardy

March 25, 2021

When Double Jeopardy Means No Jeopardy

By: James Trusty

In March of 2019, on the afternoon in which Paul Manafort was sentenced to 7 ½ years in prison by the U.S. District Court in Washington, D.C., New York County District Attorney Cyrus Vance unveiled an indictment against Manafort for mortgage fraud and similar state offenses. As rumors had begun to swirl that President Trump might pardon Manafort’s two federal prosecutions, Vance announced that, “No…

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Civil or Criminal Liability: Charging A Payment Processing Case by Coin Toss?

August 17, 2020

Civil or Criminal Liability: Charging A Payment Processing Case by Coin Toss?

By: James Trusty

In the eyes of federal investigators, when is a payment processor considered a benevolent alternative to traditional banks, and when is it viewed as a shady facilitator of all things criminal?  In other words, is the client another Paypal or Venmo, or are we looking at a potential WireCard AG prosecution? We have noticed in recent cases that prosecutors are across the board in their…

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Going…Going…Ghosn

May 22, 2020

Going…Going…Ghosn

By: James Trusty

While much of the focus on the Japanese prosecution of high-profile executive Carlos Ghosn has been on his spectacular private jet escape from Japan while hidden in an instruments case, his prosecution actually raises much more profound issues about white collar criminal prosecution in Japan and in the United States. Ghosn is an indisputably talented executive at the highest reaches of the auto manufacturing and…

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Death by a Thousand Cuts

May 8, 2020

Death by a Thousand Cuts

By: James Trusty

When legal scholars look back at the failed Flynn prosecution, they will not be able to pin the dismissal on a single deficiency or legal principle, but if they are fair they will recognize a small case that was plagued with innumerable flaws. The DOJ Motion to Dismiss, filed in the rarified air of a case where the guilty plea already took place, spends a…

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Videoconferencing to the Rescue

April 1, 2020

Videoconferencing to the Rescue

By: James Trusty

While the recent passage of the “Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is receiving tremendous attention because of its price tag, strategies to keep businesses and families afloat, and its hidden gems for beneficiaries like the Kennedy Center, it also has a component that is important for federal practitioners who handle criminal matters in District Courts around the country.  Federal courts currently show…

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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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