Category Archives: Uncategorized
NYPD’s Surveillance of Muslims Highlights Contempt for Constitution
America has become a surveillance state. Most of our daily human activity is under some form of surveillance, especially by law enforcement. We have…
Calls For Increased Sanctions for Prosecutorial Misconduct
Pace University Law Professor Bennett Gershman wrote an article forThe Daily Beastlast month about consideration the state of New York is giving to creating…
Confidentiality of Statements Made During Drug Treatment and Possible Criminal Liability
Virtually all substance abuse programs involve participation in group counseling, usually led by a staff member. Participants are encouraged to accept responsibility and accountability…
Supreme Court Attempts to Clarify the Confrontation Clause, Again
The Sixth Amendment’s Confrontation Clause guarantees a criminal defendant the right to confront and cross-examine adverse witnesses against him. The amendment is made applicable…
Sloppy Police Work, Good Lawyering Leads to Suppression of Evidence in Child Porn Case
Whether Yuri Bershchansky possessed child pornography in November 2010 in violation of Section 2252 (a) (4) (B) and (b) (2) of Title 28, United…
Appeals Court Vacates Child Pornography Conviction After Court Refuses Motion to Withdraw
Our legal system is adversarial. It was set up that way. Thus, it is inevitable that relationships between defense attorneys and prosecutors and the…
FEDERAL MORTGAGE FRAUD PROSECUTIONS MERCILESS
The use of cooperating co-defendants, in search of lenient sentences, has plagued criminal prosecutions since there have been criminal prosecutions. The use of cooperation…
FEDERAL WHITE COLLAR CRIME IS HIGH TECH
White collar criminal investigations now typically involve evidence recovered from computers or from devices that store digital information. Often the value of this evidence…
FEDERAL PROSECUTIONS INCREASING FOR HEALTH CARE FRAUD
Whenever we are contacted by potential clients who have been contacted by federal investigators our immediate advice is that they do not speak to…
ONLINE SOLICITATION OF A MINOR, NO CHILD REQUIRED
A favorite tactic of law enforcement is to have an adult agent pose online as a pedophile with access to minors to lure and…
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