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Dismissive of Dismissal
FEATURED
September 25, 2026
Dismissive of Dismissal
By: James Trusty
During the two Trump administrations, a trend has begun to emerge of federal judges challenging the once-unrestricted authority of the Department of Justice (DOJ) to dismiss indictments. The longstanding framework of separation of powers suggests this judicial pushback is unsupported activism, but the judges claim the Federal Rules of Criminal Procedure (“Rules”) do not relegate their role to rubber stamping. Ultimately, this trajectory may lead us to an impossible impasse—a game of chicken where reputations, relationships and the balance of power might be forever altered in the context of dismissal. Pursuant to Rule 48(a), “[t]he government may, with leave of court, dismiss an indictment.” Exactly what “leave of court” means in terms of judicial scrutiny is the challenging question. Some…
In the age of AI, litigators must read between the lines—literally.
August 18, 2026
In the age of AI, litigators must read between the lines—literally.
By: Robert Ward
In the age of AI, litigators must read between the lines—literally. Any attorney who has litigated a case against a party proceeding pro se is familiar with the common refrain that courts liberally construe pro se filings.[1] This leniency was not enough for one Connecticut litigant. In a scheme that gives new meaning to the phrase “reading between the lines,” pro se plaintiff Matthew Elliot…
The DOJ Steps Up for Military Families
June 29, 2026
The DOJ Steps Up for Military Families
By: Lauren Scribner
The Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 4025a, grants military spouses portability of their professional licenses. That means when a military spouse moves with his or her servicemember to the servicemember’s assigned duty station in a new state, the spouse’s professional license essentially moves with them.[1] In order to take advantage of this license portability benefit in the new state, the SCRA requires…
Robocop Finds His Man, But Man Gets Robocop’s Instruction Manual
June 22, 2023
Robocop Finds His Man, But Man Gets Robocop’s Instruction Manual
By: James Trusty
Many years ago, a prosecutor I worked with at the time was in a fascinating murder trial, where the defense included a forensic psychiatrist opining that the defendant suffered from multiple personalities. According to this expert, one of the “inhabitants” of the defendant’s mind was a creature named Tofu the Demon Dog. On cross examination, the doctor volunteered to the jury that these distinct personalities…
Singing the Varsity Blues – Convictions Vacated For Two Defendants in the College Admission Scandal.
June 19, 2023
Singing the Varsity Blues – Convictions Vacated For Two Defendants in the College Admission Scandal.
By: Abbey Block
On May 10, 2023, the First Circuit Court of Appeals provided welcoming news to two of the defendants in “Varsity Blues” the college admissions scandal – their convictions were being vacated. Former Wynn Resorts executive Gamal Abdelaziz and private equity executive John Wilson were just two of dozens of high-profile defendants charged with various white-collar crimes – including bribery and fraud – for making fraudulent…
Playing with House Money
May 15, 2023
Playing with House Money
By: James Trusty
Just as the walls seemed to be closing in on young entrepreneur Charlie Javice, a bit of offense has left her opponent, JPMorgan, in an entirely uncomfortable position largely of its own making. Javice founded a college loan planning entity called Frank, that appeared to be doing so well that JP Morgan bought it in 2021 for $175 million, purportedly lining Charlie’s pocket to the…
Eight Finance Social Media Influencers Charged In $100 Million Market Manipulation Scheme
December 19, 2022
Eight Finance Social Media Influencers Charged In $100 Million Market Manipulation Scheme
By: Jake Gray
The U.S. Securities and Exchange Commission (“SEC”) has announced charges against eight finance-oriented social media influencers in an alleged $100 million securities fraud scheme, in which they engaged in “pump-and-dump” market manipulation by leveraging their following on various social media platforms. The securities fraud charges, unsealed on December 13th, name seven defendants with an eighth defendant charged with aiding and abetting the alleged scheme. [1]…
Officer Misconduct Reform Issues Highlighted in Brooklyn District Attorney’s Dismissal of Nearly 400 Convictions
September 20, 2022
Officer Misconduct Reform Issues Highlighted in Brooklyn District Attorney’s Dismissal of Nearly 400 Convictions
By: Jake Gray
On September 7, 2022, the Brooklyn district attorney’s office announced its request to vacate nearly 400 convictions, dating back to 1999, that were founded on testimony provided by officers who were later found guilty of crimes committed while on duty. Among the 13 officers’ crimes are murder, planting drugs, taking sex bribes, civil liberties violations, and perjury—crimes that called “into question the integrity of every…
