2nd Circuit

Time Magazine cover boy Preet Bharara

In the federal criminal world, there are certain cases where the government almost always wins.

Illegal reentry for a previously deported person, for example, is pretty close to a lock for a government win — all the government has to show is that the person isn’t a citizen, was previously deported, and is in the United States again. If the dude’s in the courtroom, the government is a third of the way there. For example, in the last fiscal year, there were 20,840 folks charged with illegal reentry.  Four of them were acquitted at trial.

Similarly, bank robbery is a high-percentage game for the government. These days, most banks have amazing technology that lets them record pretty much everyone inside. Last fiscal year, 896 people were charged with bank robbery. One lucky guy was acquitted.

These days, federal law enforcement is using wiretaps and, according to the Wall Street Journal, old-school sting operations, to go build white-collar cases (it’s a pretty cool article — very cloak and dagger). The strategies that got the federal government the conviction rate it has in drug and gun cases are being applied to investment fraud and insider trading cases.

This is one reason that insider trading cases have looked like as much of a layup as a bank robbery case. The U.S. Attorney’s Office in the Southern District of New York has secured a record of 85 convictions in either guilty pleas or trials without a single loss.

Until this week….

double red triangle arrows Continue reading “The Trouble With Insider Trading Prosecutions”

* Judge Judy hears a case about Grindr. “Don’t pee on my leg… unless you’re into that.” [Gawker]

* Supreme Court retirements announced! [Legal Times]

* Most criminals don’t walk around in a giant yellow bird costume. This guy is not most criminals. [Lowering the Bar]

* The Washington Post credits blogger Josh Blackman with coining the term “benchslap.” Professor Blackman corrected the author. Let’s get a Kickstarter going to buy her a Black’s Law Dictionary (affiliate link) so she doesn’t make this mistake again. [Washington Post]

* The Chamber of Commerce didn’t win every case this term. But it came awfully close to perfect when it counted. [Constitutional Accountability Center]

* If you’ve been looking to complete your collection of Second Circuit bobbleheads, behold Judge Denny Chin! If this wasn’t sponsored by the National Asian Pacific American Bar Association, I’d worry this pic was a little racist…. [Squareup]

double red triangle arrows Continue reading “Non-Sequiturs: 07.01.14″

* 5 reasons why Northwestern football won’t really unionize. [The Legal Blitz]

* Law grad who failed the bar arrested for claiming to be a lawyer. So much for Jimmy Malone’s advice… [Albany Times Union]

* This morning we wrote about a lawyer turned babysitter. Jane Genova has some thoughts on how this story can have a happy ending. [Law and More]

* This is why you don’t get tattoos. [The Independent]

* Sitting judge should be on “high” court — listed as president of three different pot-related businesses. [Las Vegas Law Blog]

* The Second Circuit is not pleased with the secrecy of the Obama administration. [The New Republic]

* Corporette launches a new motherhood newsletter. She’s looking for guest bloggers too if you’re passionate about these issues. [Corporette]

* Another argument for killing law school. [The Week]

* Kash Hill looks at a Loyola Law grad who hunts down revenge porn sites. [Forbes]

* Lorne Michaels has a new courtroom comedy webseries starring Bob Balaban. The first episode is embedded below….

double red triangle arrows Continue reading “Non-Sequiturs: 04.24.14″

(c) Image by Juri H. Chinchilla.

Years before Philadelphia’s National Constitution Center built the forty-foot high “Tower of Law” (or, as Stephen Colbert called it, “the building blocks of boring”) out of unused legal reporters, Lexis started the books’ march to obsolescence when it debuted on April 2, 1973. “Lexis,” a term the company’s president coined by combining the Latin word for law plus the letters “IS” for information systems, was the first widely available commercial electronic database for legal research. When it launched forty years ago, Lexis contained only decisions from Ohio and New York. Today, it provides access to nearly 5 billion documents, including cases from all state and federal courts, as well as notes written by law students that are still awaiting their first citation reader. This week, On Remand looks back at the history of Lexis, its rivalry with Westlaw, and its dispute with the maker of a car popular with attorneys . . .

double red triangle arrows Continue reading “On Remand: Lexis Drives West, Sues Toyota”

* The DOJ lifted its three-year hiring freeze yesterday. There are thousands of jobs out there waiting for the perfect applicant. You know what that means: apply to EVERY SINGLE JOB and see what sticks. [WSJ Law Blog]

* Sorry, Apple, but it looks like you’re going to have to keep that pricey e-books antitrust monitor after all. The Second Circuit just nixed the company’s bid to ditch Michael Bromwich of Goodwin Procter. [Reuters]

* It looks like the ABA is going to move toward allowing paid externships for law students — because being paid to work is smarter than paying to work. Oh good, we’re glad someone finally realized that. [National Law Journal]

* Cleveland-Marshall’s solo practice incubator will be up and running in March. Ten lucky grads will pay rent to their law school to learn what they should’ve when they were still paying tuition. [Cleveland Plain Dealer]

* If you think you’ve got it bad as a 3L here in America, think again. Canadian 3Ls in Ontario are looking at a 79 percent increase in articling and licensing fees, bringing the grand total to almost $5,000. [CBC News]

Jodi Arias

* Which Supreme Court justices missed out on the State of the Union address last night? Three of the usual suspects (Scalia, Thomas, and Alito), plus Justice Sonia Sotomayor. RBG was there most of the time, except for nap time. [Legal Times]

* You’re doin’ fine, Oklahoma! Oklahoma O.K.! The Tenth Circuit announced it’s going to fast-track Oklahoma’s same-sex marriage appeal, and it’ll be heard by the same panel of judges presiding over a very similar appeal from Utah. [News OK]

* The American Legal Institute just named Ricky Revesz, the former dean of NYU Law School, as its new director. He’ll be “clarifying, modernizing and improving the law,” just like he kind of / sort of did with NYU’s 3L curriculum, but not really. [National Law Journal]

* Law students, say hello to the Immigrant Justice Corps, a job opportunity brought to you by Chief Justice Robert Katzmann of the Second Circuit. Hey, the pay is pretty decent for public interest. [New York Times]

* The results of the latest Law School Survey of Student Engagement reveal to us 1Ls are morons. Seventy percent of them are thrilled with career services, but only 45% of 3Ls feel the same way. [WSJ Law Blog]

* She’s no George Zimmerman: Jodi Arias has a racked up a legal tab of more than $2 million, but because her artwork isn’t as hot as she is, the bill will be footed by Arizona taxpayers. [Associated Press]

Is your office cold? Is your chilly heart in need of thawing? Cuddle up by the fire — or just grab another cup of coffee from the break room — and feel the glow of the winter wedding goodness we have for you this week!

Here are our magnificently impressive, all Ivy-educated lovebirds:

Christy Ely and Peter Tiboris (Columbia, Vows)

Lauren Baer and Emily Meyers (2, Yale, Columbia)

Jacqueline Kelly and Nicholas Moscow (2, Columbia)

Get the scoop on these well-credentialed newlyweds, after the jump….

double red triangle arrows Continue reading “Legal Eagle Wedding Watch: Winter White”

The Second Circuit met en banc (or in banc?) for the first time in a little over two years and handed down a sharply divided 9-6 opinion with potentially major ramifications for the criminal justice system.

In the crosshairs in yesterday’s decision was the sanctity of one of a modern prosecutors most cherished tools of brow-beating serving justice: the guilty plea.

The Second Circuit is leading the way in restoring a little bit of justice to the criminal justice system…

double red triangle arrows Continue reading “Second Circuit Did Something Incredible Last Week (If You Care About The Rights Of The Accused)”

Edward Snowden

* Now that a federal judge has ruled against the NSA’s domestic spying program, maybe government prosecutors will cut Edward Snowden some slack — or maybe haha, yeah right. [WSJ Law Blog]

* On that note, the ACLU is appealing the other federal ruling that says the agency’s activities are constitutional. The NSA will let you know what the Second Circuit’s decision is this spring. [Guardian]

* Alas, Judge Shira Scheindlin knew from the get-go that her stop-and-frisk ruling would be contested, and she even warned the lawyers involved that they ought to consider a jury. [New York Times]

* “How do you say, ‘I’m married, but not really? I’m divorced, but not really?’” Thanks to Utah’s same-sex marriage ruling, unhappy gay couples who married in other states are rejoicing over the fact that they can finally get divorced. [Deseret News]

* Facebook, a social network that constantly changes its privacy settings to make your life less private, is being sued over its alleged interception and sharing of messages with advertisers. Shocking. [Bloomberg]

* It goes without saying that Sergio Garcia is having a happy new year. The California Supreme Court ruled that the undocumented immigrant will be able to legally practice law in the state. ¡Felicitaciones! [CNN]

Remember the 80s? Big hair, Dynasty, Huey Lewis was popular for some reason. Well, Judge Jed Rakoff remembers the 80s, and he also remembers the way the federal government used to actually investigate and prosecute people who committed massive financial crimes — Mike Milken, Ivan Boesky, Charles Keating, a bevy of other savings and loans kingpins. Good times.

And Judge Rakoff wants to know what happened to prosecuting financial crimes, specifically the sort of fraud that crippled the economy. So he took to the pages of the New York Review of Books to ponder all the financial prosecutions that could have been. And he has some theories about what happened and how prosecutors could do a better job in the future.

It’s a fascinating look at a bunch of ideas that the government is going to totally ignore…

double red triangle arrows Continue reading “Judge Rakoff Rips The Government For Dropping The Ball On Financial Crimes”

Page 1 of 812345...8