Recent Blog Posts
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 »
Federal Government Rushes to Execute First Death-Row Prisoners in 17 Years, Ignoring The Rule of Law
In July, the federal government resumed federal death penalty executions after nearly two decades, and executed two prisoners – Daniel Lee Lewis and Wesley Purkey – after seeking emergency orders from the US Supreme Court under very controversial circumstances, including pending appeals, opposition from the victims’ family, judge, and prosecutor involved, and/or with competency… Read More »
Federal Authorities Invade US Cities & Arrest Peaceful Protesters Without Probable Cause or Warrants
In July, the federal government began deploying Department of Homeland Security and US Customs and Border Protection personnel into US cities to arrest protesters, including Portland, Oregon, relying on the justification (Trump’s executive order) that it is necessary to protect US monuments and federal property from vandalism, and legal under the rules and regulations… Read More »
Changes to New York’s Criminal Justice Reform, Part II: Bail
After enacting sweeping reforms when it comes to monetary bail in 2019, in response to backlash from some law enforcement and prosecutorial special interest groups, the New York legislature once again enacted sweeping reforms this year, resulting in changes to the bail statute that went into effect on July 2. Below, we discuss some… Read More »
Changes to New York’s Criminal Justice Reform, Part I: Discovery
Prosecutors in the Manhattan US Attorney’s Office recently came under fire by one US District Judge due to allegations that they had violated New York state discovery laws in purposely withholding evidence favorable to the defense. The case involved criminal defendant Ali Sadr Hashemi Nejad, who was accused of conspiracy to violate US sanctions… Read More »
The Permanent & Collateral Consequences of Having a Criminal Record In New York
Almost 80 million people in the United States have criminal records, including the seven million currently estimated to be in prison or on parole. For the many who are released, it is unquestionably difficult to secure employment, housing, healthcare, and more, especially with the pandemic causing an economic crisis, resulting in lifelong consequences of… Read More »
What’s Next for Fixing Qualified Immunity & Better Protecting Criminal Defendants from Police Misconduct
Many had high hopes for the US Supreme Court potentially doing away with qualified immunity, which shields police officers from being held accountable in instances of police brutality after violating individuals’ constitutional rights, including when those violations result in death, unless there is an existing judicial decision with substantially similar facts establishing that the… Read More »
Some New York DAs Announce That Peaceful Protesters Won’t Be Prosecuted If Arrested, But Many Still Wait in Jail for Days
Many of those who were arrested here in New York while protesting George Floyd’s death were charged with disorderly conduct and unlawful assembly. However, according to reports, in June, Manhattan, New York District Attorney Cy Vance Jr. indicated that his office would not prosecute charges of disorderly conduct and unlawful assembly against those protesting… Read More »
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 »
