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Criminal Practice
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October 21, 2021
A Stall Tactic? Trump Tests Bounds Of Executive Privilege
The litigious Donald Trump is back in court, this time to shield his White House records related to the Jan. 6 insurrection, a move that may test not only the bounds of executive privilege due the former president but also his practice of using the courts to delay and stonewall congressional inquiries.
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September 16, 2021
​​​​​​​3rd Circ. To Rehear Atty Fraud Case With Eye On Bridgegate
A Third Circuit panel will take another look at a suspended attorney's challenge to his fraud conviction through the lens of the U.S. Supreme Court's Bridgegate decision, according to a Thursday order in a case over a public school embezzlement scheme involving the son of former U.S. Rep. Chaka Fattah.
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September 15, 2021
David Boies Threatened Theranos Whistleblower, Jury Told
A former Theranos lab technician who filed a whistleblower complaint against the startup testified in ex-Theranos CEO Elizabeth Holmes' criminal fraud trial Wednesday that she quit after her managers ignored her concerns with the accuracy of Theranos' blood tests, and said Theranos' then-counsel David Boies subsequently threatened to sue her.
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September 08, 2021
Tribal Leaders Say Okla. Needlessly Stirring Fears Over McGirt
Oklahoma is pushing harder than ever on its claims that the landmark McGirt decision has led to widespread disruption in the state by giving several tribes authority over their reservations, but tribal officials say that won't cut any ice with the U.S. Supreme Court and the state would be better off trying to reach jurisdictional agreements rather than stoke unnecessary anxiety over the ruling.
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June 25, 2021
Pa. Panel Says Civil Suits Can't Reduce Criminal Restitution
A Pennsylvania man sentenced to pay $27,000 for the lost wages of someone he injured in a bar fight can't file a civil suit against the victim for allegedly deceiving the court about how much he lost, a Superior Court panel ruled Friday.
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June 09, 2021
Bridgegate Defendant Sues Port Authority For Legal Fees
A Port Authority of New York and New Jersey executive and defendant in the so-called Bridgegate criminal case sued his former employer Wednesday in New York state court, saying the agency should cover years of legal fees he incurred while successfully defending himself.
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May 04, 2021
20-Year-Old Robbery Blocks Bid For Asylum, 3rd Circ. Says
The Third Circuit on Tuesday said a more than two-decade-old robbery conviction in New Jersey constituted an aggravated felony under the Immigration and Nationality Act and thus barred a Nigerian man from avoiding deportation amid fears he would face mistreatment in the West African nation due to his bisexuality.
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April 13, 2021
3rd Circ. Won't Nix Pa. Atty's Conviction In Fraud Case
The Third Circuit said on Tuesday that prosecutors' late and massive production of materials did not warrant tossing a suspended attorney's conviction in a public school embezzlement scheme involving the son of former U.S. Rep. Chaka Fattah, ruling in a precedential opinion that the discovery violation did not violate his speedy trial rights.
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April 06, 2021
3rd Circ. Orders Redo Of Ex-Candidate's Bribery Sentence
The Third Circuit on Tuesday ordered a new sentence for a former political candidate after concluding in a precedential opinion that a New Jersey federal court committed various errors in giving him a three-month prison term over a voter bribery scheme.
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January 27, 2021
3rd Circ. Upholds Bulk Of Conviction For Pa. Rep.'s Aide
The Third Circuit mostly upheld the conviction of a suspended attorney and onetime political consultant to former U.S. Rep. Bob Brady, D-Pa. on Tuesday, ruling in a precedential decision that a heightened standard of proving willfulness didn't apply to all counts in the government's case alleging he violated federal campaign finance law.
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December 16, 2020
Ex-PSU Boss Seeks 3rd Circ. Redo Over Conviction Revival
Ex-Pennsylvania State University President Graham Spanier pressed for an en banc rehearing before the Third Circuit on Tuesday following a decision earlier this month that his conviction on a child endangerment charge stemming from the Jerry Sandusky sex abuse scandal hadn't been based on unconstitutional retroactive application of state criminal law.
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October 16, 2020
3rd Circ. Nixes Higher Bar To End Criminal Supervision
The Third Circuit ruled Friday in a precedential opinion that district courts don't need to find new, unforeseen, extraordinary or exceptional circumstances in granting early termination of supervised release in criminal cases, saying a New Jersey federal judge was wrong to apply that higher standard in denying such a request.
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October 08, 2020
3rd Circ. Orders Redo In Ex-Vanguard Worker's Prison Term
The Third Circuit on Thursday vacated the four-year prison term handed to an ex-Vanguard Group employee convicted of stealing $2.1 million from dormant accounts, ruling in a precedential decision that the lower court misapplied a sentencing enhancement for abusing a position of trust.
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September 29, 2020
Ex-Informant Again Beats SEC Suit Over Stock Schemes
A former government informant on Tuesday again defeated a U.S. Securities and Exchange Commission suit over his alleged role in penny stock manipulation schemes, with a New Jersey federal judge finding that the agency did not show injunctions were needed to prevent him from breaking securities laws in the future.
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September 08, 2020
Liberian Commander Can't Slip Sentence Over Gov't Error
The Third Circuit on Tuesday upheld the 30-year sentence of a rebel commander in Liberia's civil war during the 1990s for lying during a 2011 immigration interview for permanent residency, saying that the government's error in the charges against him is minor.
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August 20, 2020
Ex-NJ Judge Can Pursue Civil Rights Claims Over Arrest
A New Jersey federal judge has reversed course after previously finding an ex-state judge's civil rights claims against a town were filed too late and will now allow her to pursue them over her arrest for allegedly hindering the apprehension of her then-fugitive boyfriend.
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July 24, 2020
3rd Circ. Denies Convicted Ex-Mayor Release Over Pandemic
A Pennsylvania federal court was correct in declining to temporarily release Allentown's former mayor from prison amid the coronavirus pandemic, the Third Circuit has ruled, holding in a precedential decision that the court would have to substantially reduce his sentence in order to release him.
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July 06, 2020
Feds Must Return Penalty Fees To Bridgegate Mastermind
A New Jersey federal judge on Monday ordered the government to return nearly $25,000 in penalties to the admitted mastermind behind the notorious Bridgegate scheme after the jurist threw out his conviction in the wake of a U.S. Supreme Court ruling nixing the convictions of his alleged co-conspirators.
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June 15, 2020
Thomas Dissents As High Court Punts On Qualified Immunity
U.S. Supreme Court Justice Clarence Thomas on Monday again voiced his support for the high court to reexamine the qualified immunity doctrine, which has become a focal point amid protests against police brutality across the country, as the court refused to hear several cases over the issue.
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June 12, 2020
'Bridgegate' Mastermind Cleared After High Court Ruling
A New Jersey federal judge on Friday wiped away the conviction of the admitted mastermind behind the infamous "Bridgegate" scheme to realign lanes to the George Washington Bridge as an act of political revenge after the U.S. Supreme Court last month erased the convictions of his alleged conspirators.
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June 04, 2020
3rd Circ. Cuts Strings From Ex-Body Armor GC's Fees Bid
Settlement objectors in class and derivative actions may receive attorney fees for improving deals in ways beyond the dollars and cents, the Third Circuit said Thursday in a precedential ruling that the former general counsel of a body armor business deserves fees with no strings attached for such an objection.
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May 19, 2020
3rd Circ. Nixes Immigration Atty Fee Won In 'Bad Faith' Case
The Third Circuit upended a $73,757 fee award for a defense attorney representing an El Salvadoran national indicted for illegally reentering the United States, ruling in a precedential decision Tuesday that he didn't meet the demanding standard for proving prosecutorial misconduct.
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May 11, 2020
Ex-Hotel Exec Can't Get Home Confinement During Pandemic
A New Jersey federal judge said Monday that an ex-hospitality executive's hypertension didn't justify releasing him to home confinement during the COVID-19 pandemic as he serves time for stealing nearly $14 million from his previous employer and evading taxes on almost $28 million in income.
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May 07, 2020
US Supreme Court Throws Out Bridgegate Convictions
The U.S. Supreme Court on Thursday unanimously tossed the convictions of two former New Jersey public officials in the infamous "Bridgegate" scandal to realign lanes to the George Washington Bridge as a form of political revenge, saying such alleged conduct may be an abuse of power but it's not a federal crime.
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May 06, 2020
3rd Circ. Says Cops Can Give Personal 'Overview' At Trial
The Third Circuit said law enforcement witnesses may address investigatory matters within their "personal knowledge" to kick off criminal trials, setting ground rules for so-called "overview" testimony in the appellate court's first precedential opinion on the subject as it upheld the convictions of three players in a timeshare consulting scheme.