By Meghann M. Cuniff | February 9, 2022
The decision from U.S. District Judge Paul Gardephe distinguishes between the prosecution teams in New York and California, a crucial legal finding as Avenatti pursues appeals.
New York Law Journal | Analysis
By Robert J. Anello and Richard F. Albert | February 9, 2022
This article provides a summary of how Manhattan's newly-elected prosecutor described his vision for addressing white-collar crime.
By Tom McParland | February 8, 2022
The issue of "no-knock" enforcement of search warrants, landed before the state's highest court Tuesday in Albany, as protests continued in Minneapolis after a 22-year-old man was killed last week by officers utilizing the same tactic.
By Tom McParland | February 8, 2022
U.S. District Judge Sidney H. Stein of the Southern District of New York cited conditions at Brooklyn's Metropolitan Detention Center and the Essex County Correctional Facility in New Jersey as "exceptional reasons" not to detain a defendant ahead of his planned sentencing in April.
New York Law Journal | Analysis
By Joel Cohen | February 7, 2022
Whatever the prosecutor intends, a press conference or even press release has the inordinate capacity to influence public opinion against the accused, even though the final line of every prosecutor's release, almost as an afterthought, says that an indictment is not proof of guilt. And while that last sentence is desirable and ethically required, does anyone really pay it any attention? Or more to the point, believe it? All this said, where do we go from here?
By Tom McParland | February 4, 2022
The verdict followed an eight-day trial in the Southern District of New York, where Avenatti was accused of secretly routing two installments of a $800,000 book deal to a separate account under his own control.
New York Law Journal | Analysis
By Tara A. Collins and Mark Son | February 4, 2022
This article offers guidance on the practical application and best practices for issuing a 9.43 order, which allows a sheriff to take a defendant to a hospital for a psychiatric examination to determine whether they pose a threat to themselves or others and whether commitment is necessary.
New York Law Journal | Commentary
By Marc L. Greenwald and Phillip B. Jobe | February 2, 2022
Attorneys from Quinn Emanuel Urquhart & Sullivan write that a disclosure law that allows the government to withhold most witness statements until after the witness testifies at trial is "unworkable, unfair and un-American."
By Tom McParland | February 2, 2022
U.S. Judge Jesse Furman admonished the jury to disregard any statements that crossed the line from argument to improper testimony. The case, over whether Avenatti stole money from his client Stormy Daniels, is now set to go to the jury.
By Jane Wester | February 2, 2022
U.S. District Judge James Boasberg of the District of Columbia said the guidelines range for Mostofsky's sentence is expected to be 12 to 18 months, although the court has the discretion to make upward or downward departures.
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