Author Archives: Jay Butchko
Department of Justice Updates Its Corporate Compliance Evaluation Guidance Used in White Collar Crime Investigations
In June, the US Department of Justice updated its guidelines for the evaluation of corporate compliance programs, which describes the factors that prosecutors consider in determining whether to bring charges, negotiate plea agreements, and assess criminal fines in their prosecution of white collar crimes. In general, prosecutors are interested in whether corporate compliance programs… Read More »
If The US Supreme Court Modifies or Abandons Qualified Immunity, This Could Transform Police Arrests, Accountability, And Indictments
The tragic death of George Floyd, an unarmed man who was killed by a police officer during an arrest after the officer kneeled on his neck for more than eight minutes, has once again brought up this issue of qualified immunity and accountability for police officers and how it affects criminal defense. While originally… Read More »
Hundreds Of New York Protesters Arrested for Unlawful Assembly On One Night
Following the tragic death of George Floyd, who was killed by a police officer during an arrest after the officer kneeled on his neck for more than eight minutes, as thousands took to the streets around the country in protest of police brutality, many were arrested for disorderly conduct and/or unlawful assembly, including New… Read More »
Defendants Lingering in Jail & The Sixth Amendment Under Siege During COVID-19: What’s Next?
There is no question that the pandemic has completely changed how we practice criminal justice and what we consider to be ensuring that criminal defendants are provided with their constitutional rights. And while our society may be willing to make compromises when it comes to civil rights on a temporary basis in the face… Read More »
Department of Justice, FBI, And SEC Bringing Charges in Conjunction with Pandemic Loan Program
The Department of Justice has not only taken an aggressive approach to what they consider to be violations of the Defense Production Act and hoarding, selling, and price-gouging of personal protective equipment, but also loans taken out from the SBA paycheck protection program as part of the Coronavirus Aid, Relief, and Economic Security Act… Read More »
New York Mayor Bill de Blasio Announces That NYPD Will No Longer Be Aggressively Enforcing Social Distancing & Other Public Health Directives
On May 15, Mayor Bill de Blasio announced that the New York Police Department (NYPD) would no longer be arresting or ticketing people for failing to wear facemasks or social distance when they are gathered in small groups. The department has been scrutinized for increasing low-level arrests in poor neighborhoods during the pandemic and… Read More »
Former New York Prosecutors Predict a Number of White Collar Criminal Prosecutions During & After COVID-19, Although Delays Are Expected
According to a number of former New York prosecutors, a surge of white-collar criminal prosecutions stemming from the disruptions brought to the market by the coronavirus are expected and will likely mirror those that followed the financial crisis of 2008. Yet while a number of related investigations are already underway, the entire prosecution process–including… Read More »
In Ruling That the Sixth Amendment Requires a Unanimous Jury Verdict in State & Federal Criminal Trials, The Supreme Court Opens the Door to More Questions
The US Supreme Court recently reversed one of its previous decisions in finding that individuals have the right to a unanimous jury decision when it comes to serious criminal convictions under the Sixth Amendment in both state and federal criminal trials in Ramos v. Louisiana. Specifically, the majority opinion reasoned that the Sixth Amendment… Read More »
New York & Federal Government Threaten Criminal Charges in Conjunction with COVID-19 That Are Legally Questionable
In continuance of a number of new criminal charges and prosecutions that have arisen during the COVID-19 pandemic, in May, New York Governor Andrew Cuomo warned that nursing homes in New York would be criminally prosecuted for fraud under the False Claims Act if they fail to report death numbers due to the virus…. Read More »
New York Appeals Court Effectively Rules That Individuals Cannot Be Prosecuted for What They Post On Social Media
In April, a New York appeals court made an important decision reversing a conviction of the crime of falsely reporting an incident in third degree based on First Amendment free-speech rights. In doing so, the court effectively ruled that the state’s law on false reporting of crimes cannot be used to prosecute individuals for… Read More »
