Author Archives: Jay Butchko
Justice Department Brings Wave of New Fraud Charges In New York & Elsewhere in Connection with Small Business Loan Program
We previously warned that the US government was on the warpath in bringing fraud charges connected to the small business administration‘s Paycheck Protection Program, especially as we get closer to the election and the administration may be concerned about the appearance of being taken advantage of in connection with a program started to provide… Read More »
Can I Be Arrested for Spanking My Child?
Unfortunately, messy divorces between parents can sometimes involve accusations of child abuse that stem from spanking or other corporal punishment. While the US Supreme Court has upheld a parent’s fundamental right to raise their child as they see fit, which includes reasonable acts of corporal punishment, still, this can be an extremely confusing topic… Read More »
Women Who Suffer Miscarriages & Stillbirths Being Prosecuted for Murder
One district attorney’s choice to prosecute women with murder after they suffer a stillbirth due to suspected drug activity has raised concerns around the nation due to the implications it could have for civil and reproductive rights, and the potential to criminalize the choices that pregnant women make, in general. The district attorney –… Read More »
Challenging Protest-Related (Unlawful Assembly) Charges In New York
There have been widespread protests against police brutality throughout New York during the summer months, with both local and national law enforcement responding and not only at times relying on questionable enforcement methods, but arresting protesters for questionable charges, including unlawful assembly. Police officers in these circumstances often fail to distinguish between violent elements… Read More »
New Jersey Supreme Court Rules That Defendants Must Provide Cell Phone Passcodes to Investigators Under Some Circumstances
In August, the New Jersey Supreme Court made an important decision in a criminal case that will have far-reaching implications for criminal investigations throughout the state. Specifically, the Court ruled that criminal defendants can be compelled to reveal their cell phone passcodes to investigators who have obtained search warrants, and this does not violate… Read More »
US Supreme Court to Address Important Free Speech Case That Resulted in Arrest of Student
Our First Amendment free speech rights are a crucial part of our constitutional rights, and provide us with the ability to express our opinions without censorship or restriction. Still, each year, many are arrested for crimes such as disorderly conduct or unlawful assembly, or even more serious crimes, such as assault or battery, in… Read More »
The First Step Act Has Failed to Provide the Universal Justice It Promised
The First Step Act—signed into law on December 21, 2018—provided significant hope for much needed criminal justice reform in the US. While the law was ambitious and made a number of important changes, including to mandatory minimum sentencing for a number of drug crimes, perhaps most importantly, it retroactively applied the 2010 Fair Sentencing… Read More »
Physical & Constitutional Threats Continue While Defendants Sit In New York Jails
The conditions at local New York detention facilities are nothing short of horrific, and there is no shortage of questionable civil rights issues and physical threats involved in the approaches that the jails and courts have taken at this time. It has come to be known as the COVID-19 dilemma in the criminal justice… Read More »
Can You Be Forced to Relinquish Your Rights in Order to Get Out of Jail?
In addition to federal authorities being deployed into cities and arresting protesters without probable cause or warrants and based on vague, petty offense charges, such as “disorderly conduct” and/or “failing an obey a lawful order,” (i.e. being on a sidewalk outside the federal courthouse), new reports published by ProPublica indicate that a number of… Read More »
The Most Common Pitfalls That Result in Fraud Charges for PPP and SBA Loan Applicants
There have been a number of fraud prosecutions connected to the Small Business Administration’s (SBA) Paycheck Protection Program (PPP), which was designed to provide relief to businesses suffering during the pandemic, including here in New York, and evidence indicates that the Department of Justice and federal prosecutors are getting ready to bring more. The… Read More »
