By Andrew Goudsward | August 17, 2022
Federal prosecutors are seeking to retry Philip Esformes, whose 20-year sentence following a fraud and money laundering conviction was commuted by former President Donald Trump, on six counts where there was initially a hung jury.
By Tony Mauro | August 15, 2022
A new book reveals the angst, drama and adventure of arguing before the Supreme Court.
By Surya Saxena and Nicholas Scheiner | August 15, 2022
'Cairns' represents a sharp departure from the approach applied by other courts and will make kickback-based FCA cases far more difficult to establish in the Eighth Circuit.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | August 14, 2022
This is a most important "first impression" case on the issue of standing.
By Mason Lawlor | August 11, 2022
"A defendant who claims ineffective assistance of counsel arising from an alleged conflict of interest and who raised no objection at trial 'must demonstrate that an actual conflict of interest adversely affected his lawyer's performance,'" the federal appeals court said.
By Allison Dunn | August 11, 2022
"We conclude, as a matter of first impression, that a defendant may be convicted of human trafficking under G. L. c. 265, §50(a), so long as the jury find that the defendant knowingly trafficked another person, regardless of whether that person is specifically identified," Justice Frank M. Gaziano wrote on behalf of the unanimous court. "Because the trafficking offenses at issue here were charged as ongoing criminal schemes, rather than as discrete instances of trafficking, we conclude that such an instruction was not warranted, and the trial judge did not err in declining to provide one."
New York Law Journal | Commentary
By Brian D. Ginsberg | August 11, 2022
"In my view, the concurrences and dissents issued by the court's judges, as well as the frequency with which those separate writings are issued, provide substantial assistance to litigators practicing at all levels of the judicial system."
New York Law Journal | Analysis
By Robert J. Anello and Richard F. Albert | August 10, 2022
In 'Ciminelli' and 'Percoco', the Supreme Court will have the opportunity to further limit prosecutors' use of unduly broad interpretations of the federal fraud laws to impose their own notions of an integrity code onto state government and many other arenas beyond their proper reach.
By Jason Grant | August 9, 2022
A Florida appeals court has reversed a trial court's rejection of a convict's ineffective-assistance grounds as relief from his conviction, saying that a judge's "subsequent explanation" regarding his true sentence-length exposure could not "cure" his lawyer's earlier wrongful advice.
By Andrew Goudsward | August 9, 2022
Prosecutors urged the court to reject a "narrow interpretation" of the obstruction statute that a lower court judge used to dismiss charges against three men accused of taking part in the riot.
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