Legal Blog


Obtaining Favorable Evidence From The Prosecution: Understanding the Brady Rule

Criminal cases in the United States follow, for the most part, an adversarial model. This means that each side bears primary responsibility for finding and presenting evidence supporting its arguments, while a neutral arbiter—such as a judge or a jury, decides between those competing versions of facts (or law). An important exception to this adversarial model is the Brady rule, named after the Supreme Court case Brady v. Maryland. In this blog post, we will explain what the Brady rule is, how it functions, and some important limitations on the Brady rule that make the rule less powerful than it … Read More »



Internal Investigations of Government Employees: Garrity and Kalkines Warnings

If you work for a federal or a state agency, you may have heard of the terms “Garrity warning” and “Kalkines warning” thrown around at the workplace. These warnings are issued when the agency is conducting an internal investigation, and there is a possibility of criminal charges being filed. If you are a federal or state government employee, it may be worth your time to fully understand what these warnings mean.

Many people have heard of “Miranda warnings,” and may know that it is a warning issued by police officers to arrested individuals to inform them of their rights. The … Read More »



In Sessions v. Dimaya, a divided Supreme Court considers the meaning of “crime of violence.”

Last year, the Supreme Court heard oral argument in Dimaya v. Lynch, which we covered in a previous blog post. To recap, Dimaya asked whether one part of the statutory definition of a “crime of violence” under 18 U.S.C. § 16(b) was unconstitutionally vague, in light of the Supreme Court’s earlier Johnson decision striking down a similar definition for “violent felony” in the Armed Career Criminal Act. Although the Dimaya case arose in the immigration context, its outcome has important practical implications for criminal defense practitioners because many federal statutes and rules either directly incorporate § 16(b)’s definition of a … Read More »



Can I be sentenced for a crime I am found not guilty of?

Imagine the following scenario: you have been charged in a multi-count indictment with several interrelated crimes—one count of conspiracy to commit wire fraud and one count of structuring. The jury acquitted you of the more serious crime of wire fraud conspiracy, but convicted you of structuring. A good outcome, right? The answer may actually surprise you, as your ultimate sentence can end up being just as high as if you have been convicted of both crimes.

As explained in our federal sentencing page, sentences for federal convictions are decided by the judge, who is required by law to consider a … Read More »



Frequently Asked Questions about Federal Money Laundering Offenses

 

What is money laundering?

Although many people think of money laundering as simply the process of executing a series of convoluted financial transactions to conceal the origin of funds obtained from criminal activity, the federal criminal money laundering statutes, cover a far broader range of conduct involving criminally derived property.

Federal criminal money laundering offenses are codified under 18 U.S.C. § 1956 and § 1957. § 1956 is the more serious and commonly charged of the two, and carries a maximum potential penalty of 20 years. § 1957, by contrast, carries a maximum potential penalty of 10 years. In … Read More »



Understanding Career Offender Status in the Federal Sentencing Guidelines

We recently published a new page addressing the career offender status in the Federal Sentencing Guidelines.



Lynch v. Dimaya, Where The Johnson Court Is Headed, And How It May Get There

Last Tuesday, the Supreme Court heard oral argument in Lynch v. Dimaya, a case challenging the constitutionality of 18 U.S.C. § 16(b), which defines the term “crime of violence.” As a firm, we frequently encounter these issues in our practice, and as a result have been closely following the Dimaya case. You can read our post: “Violent Felony” And “Crime of Violence”: What Johnson v. United States Can Mean For Other Federal Criminal Statutes Involving Violent Crimes for a general overview of the kinds of issues that Dimaya involves.

What happened in Lynch v. Dimaya?

Dimaya was an alien who … Read More »



At Counsel’s Table: An Interview with Hank Asbill of Jones Day

We recently interviewed Hank Asbill of Jones Day, and Professor Ellen Podgor at White Collar Crime Prof Blog graciously published the interview. The interview can be read by clicking on this link. The interview covers Mr. Asbill’s career as well as his work on the McDonnell case.



What the McDonnell Ruling Means for Future Corruption Prosecutions

Thanks to Professor Matthew Stephenson of the Harvard Law School, we were able to guest post an article about the McDonnell decision on his blog, the Global Anticorruption Blog. The article may be read through this link: https://globalanticorruptionblog.com/2016/08/11/guest-post-what-the-mcdonnell-ruling-means-for-future-corruption-prosecutions/

 

 



Is the FBI’s Recommendation in the Clinton Email Probe Justified?

Recently, our firm published a guest post on the White Collar Crime Prof Blog discussing the FBI’s recommendation of no prosecution after investigating Hillary Clinton’s email use. The post may be accessed here: http://goo.gl/UyAEJy