On June 26, 2024, the US Supreme Court announced its decision in Snyder vs. United States, ruling that 18 USC §666 criminalizes quid pro quo bribery before an act, but does not apply to gifts given after the fact in appreciation of an act that has a…
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On June 27, 2024, the US Supreme Court issued its highly anticipated decision in Securities and Exchange Commission v. Jarkesy, finding that the Securities and Exchange Commission (SEC) could not impose civil penalties in an enforcement action becaus…
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When someone is arrested and charged with a crime, they are taken into custody while awaiting trial. In many cases, a defendant can be released from custody while waiting for their trial date. To request pretrial release in federal court, the crimina…
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The Federal Court Rules of Evidence control the admissibility of evidence in a federal case. The decision as to whether or not certain evidence is admitted can mean the difference between a Guilty verdict and your freedom. By carefully analyzing evid…
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For many crimes, the prosecutor must prove not only that the defendant committed the acts they are accused of, but also that they had a guilty mental state. This is the mens rea, or “guilty mind” element, and reflects the idea that, to warrant pu…
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The federal criminal process is unique, and many people, including some lawyers, do not fully understand what is involved when someone is facing federal criminal charges. If you believe you are under investigation for a federal crime or are facing fe…
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The overwhelming majority of crimes in the United States are investigated and prosecuted by state agencies. But crimes that cross state lines or involve violations of federal laws are investigated by the Department of Justice and its federal investig…
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When the United States was founded in 1776, tension existed between the federal and state governments regarding power, the ability to tax, and control of the courts and legal systems. This tension continues today and is evident in the separate jurisd…
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In December 2022, the Securities and Exchange Commission (SEC) voted unanimously to adopt amendments to rule 10b5-1 of the Securities and Exchange Act of 1934. The changes are intended to address concerns about insider trading abuse by executives bas…
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In October 2022, Pfizer filed a petition with the United States Supreme Court seeking to overturn a decision regarding the anti-kickback lawsuit which prohibited Pfizer from providing financial assistance to Medicare beneficiaries to obtain Vyndaqel…
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