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Crime & Federalism 
Discussing recent news and court opinions, with an emphasis on federalism, criminal law, and civil rights actions.
Post Frequency: 8.6/day Last Entry: April 01, 2011 at 15:45:19 Recent Entries: 1840
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Prosecutorial Misconduct in Zhenli Ye Gon Drug Case?
Posted on August 25, 2009Zhenli Ye Gon is a Chinese-born, Mexican businessman who allegedly sold materials he knew would be used to manufacture methamphetamine in the United States. The United States Departe of Justice filed a complaint against Ye Gon in June, 2007. Ye Gon was arrested in July, 2007...
Prosecutors Seek Mulligan in Zhenli Ye Gon Prosecution
Posted on August 25, 2009Imagine you're a federal prosecutor. You do not like the law that requires you to turn over evidence in your possession that is favorable to the defense - so called Brady material. You devise an ingenius scheme. You won't hand over any Brady material...
How Goldman Sachs Helps Clients Manipulate Stock Market
Posted on August 24, 2009One of Goldman Sachs' business is in issuing analysts reports. These reports often move the stock market. Unfortunately, many people take these reports at face value. Chumps buy-and-sell based on publicly-released reports. Goldman has found a way to cash in on their market-moving reports...
Aleynikov Arrest Contradcited Formal DOJ Policy
Posted on August 24, 2009Sergey Aleynikov was arrested for theft of trade secrets, in violation of 18 U.S.C. §1832. The United States Attorneys Manual is an internal document that "contains general policies and some procedures" regarding the prosecution of federal crimes. Here is what the United States Attorney Manual has to say about arresting people for theft of trade secrets: Economic Espionage Act of...
New York Times Reports on Aleynikov Arrest
Posted on August 24, 2009Alex Berenson of the New York Times is asking the right questions about the arrest of Sergey Aleynikov. Check out his Times report here.
Was Abdelbaset Ali al-Megrahi Innocent?
Posted on August 23, 2009Americans who suckle soma-laced milk from the American Press' teat are outraged that Abdelbaset Ali al-Megrahi has been released to Libya. Yet it seems that he should have been released: There were question marks too over Tony Gauci, a Maltese shopkeeper who was the only man to identify Megrahi...
Gays or Goldman Sachs?
Posted on August 23, 2009Someone e-mailed to tell me I'm obsessed with Goldman Sachs. Yes, I am. Why aren't you? Is there an issue more important to America's future? They have stolen trillions from you. Your children will not, for the first generation in centuries, lead a better life than you have...
"Wall Street profits from trades with Fed"
Posted on August 23, 2009There is currently a proposal that would require Congress to audit the Federal Reserve. The bill has 282 co-sponsors, which means it would easily pass the House. Yet someone in the House has buried the bill. The Fed, of course, does not want audited. Although the Fed gave hundreds-of-billions of money directly to Wall Street, the Fed has actually transfered...
Libertarian Morality
Posted on August 22, 2009Credit card reform legislation was passed. I applaud it. Todd Zywicki is upset. Why? He's upset because the poor and igorant will no longer subsidize our credit cards. Yes, really. The smart and well-to-do have been taking advantage of the poor and ignorant...
Todd Zywicki Supported Subprime Lending
Posted on August 22, 2009"[T]he growth in subprime lending is not creating overwhelming debt burdens for low-income households." -- Todd Zywicki. Over the years, Todd Zywicki has made highly suspicious arguments regarding consumer lending and consumer behavior. The usual theme: Banks should be able to do whatever they like, because this benefits the poor...
The Elitism Bias/In-Group Bias
Posted on August 21, 2009The financial crisis has given us insight into a blindness bias that affects the elite. Ask yourself: How furious were you to learn the details of the bail outs? Unless you're reading this blog from a Goldman Sachs network, you were likely outraged. How is it, then, that even progessives like Barack Obama were unable to anticipate the populist outrage?...
Fed Chairman Ben Bernanke's Lies About AIG, Lehman Brothers, and Goldman Sachs
Posted on August 21, 2009There are a lot of questions we all should have about the bailouts: Why was Lehman Brothers, Goldman Sachs' main competitor, not bailed out? Why did the Fed give AIG $85 billion, of which $13 billion went to Goldman Sachs? Chairman Bernanke, in a speech given today, claimed: The case of the investment bank Lehman Brothers proved exceptionally difficult, however...
Admiring Judge Richard Sullivan (UPDATED)
Posted on August 21, 2009The Wall Street Journal Law Blog has a post criticizing Judge Richard Sullivan: "To Lawyers Who Represent Cooperators: Fear Judge Richard Sullivan." The Journal blogger seems upset that a judge actually takes seriously the judicial function. The United States Constitution was founded up on separation of powers...
Barack Obama is a Holocaust Denier
Posted on August 20, 2009President Barack Obama made a campaign promise to recognize the Armenian Genocide. This is what Obama said: I also share with Armenian Americans ? so many of whom are descended from genocide survivors - a principled commitment to commemorating and ending genocide...
Winston Smith in a Robe: Judge Tells Lexis and Westlaw to Delete Court Opinion
Posted on August 19, 2009If you don't like the case, the case never existed: Ordinarily, the decision to settle a case while an appeal is pending means giving up the opportunity to set a legal precedent as well as forgoing the chance to win a reversal of any unfavorable published decisions handed down by the lower court...
Kozinki's Opening Line, and a Fun Pop Quiz
Posted on August 19, 2009United States v. Rex Harrison: "Everyone could have done more to protect defendant?srights at trial." I want to read more. Don't you? The opinion is here. Before you read it, guess it you can tell how the case came out. It was a criminal case: Opinion by Chief Judge Kozinski; Partial Concurrence and Partial Dissent by Judge Bybee See if...
"Innocent Man Freed, But Shabby Prosecutor Still Works as Judge"
Posted on August 19, 2009Radley Balko has this report.
G. Paul Howes, Former Prosecutor, Bribed Witnesses
Posted on August 19, 2009It's happening. The Ted Stevens case will mark a historical turning point on the discipline of prosecutors. I have been following these issues for almost a decade. There has been more attention on prosecutorial misconduct over the past 12 months than in the past decade...
Peter Schiff for Senate?
Posted on August 19, 2009It seems that Peter Schiff is going to run against Chris Dodd. Damn; I might be taking a sabbatical to Connecticut. If he's a viable candidate, is there even a choice? At some point staring at a computer screen isn't enough activity for a moral agent.
Clint Eastwood's Behavioral Economics Approach to UBS Tax Cheats
Posted on August 19, 2009The Wall Street Journal Law Blog has an insightful post on the proposed settlement between the United States and Swiss government. So, at long last, as we blogged earlier, we?ve got an end result in this UBS tax situation. The final piece of the settlement, put into effect last week, was announced earlier Wednesday...
Assistant U.S. Attorney Adam Reeves is an Unethical Prosecutor
Posted on August 18, 2009Adam Reeves is the latest edition to the Prosecutorial Misconduct Wall of Shame: The record demonstrates that the prosecution [Adam Reeves] argued to the jury material facts that the prosecution knew were false, or at the very least had strong reason to doubt...
Domestic Violence Victim's Section 1983 Lawsuit May Proceed to Trial, Second Circuit Holds
Posted on August 18, 2009Okin v. Village of Cornwall-on-Hudson, No. 06-5142 (2d Cir. Aug. 18, 2009) (here). A woman?s husband, Roy Sears, was a hometown hero. He owned a bar where the cops got drunk and watched sports. The police department gave the bar owner a license to beat up his live-in girlfriend...
Stress and the Brain
Posted on August 18, 2009One of the recent - and very silly myths - to die is that the brain is a fixed piece of meat: Your moronic teachers no doubt told you not to "kill brain cells." Instead, the brain is flexible - neuroplasticity is the buzzword, and The Mind and the Brain: Neuroplasticity and the Power of Mental Force is a good...
"Scalia's Constitution" Has No Moral Authority
Posted on August 17, 2009Scalia has once again revealed himself to be a tyrant and a sociopath. Today Justice Antonin Scalia implied that, under the United States Constitution, an innocent person can be killed by the state. In In Re Troy Anthony Davis, Justices Scalia and Thomas stated: This Court has never held that the Constitution forbids the execution of a convicted defendant who...
RECAP to Make PACER Free?
Posted on August 17, 2009I'll never understand the whining over PACER's fees. Computers and servers cost money, and the fees for PACER rarely even hit my radar. Still, it is obnoxious that I've had to pay an entire sixteen cents thrice today after having run the same search for the Aleynikov case...
Update on Sergey Aleynikov Case (UPDATED)
Posted on August 17, 2009Today there was a hearing scheduled in United States v. Aleynikov. I haven't seen any reports of today's hearing. The docket sheet for PACER isn't showing any updates. (See update, below.) Bloomberg, however, is reporting: Aug. 17 (Bloomberg) -- Former Goldman Sachs Group Inc...
Judge Manuel L. Real: Judicial Self-Regulation Fail
Posted on August 16, 2009The Los Angeles Times has this lengthy expose on federal judge Manuel L. Real. Real has been terrorizing litigants and lawyers for decades. He's a disagrace. He's still on the bench. If other judges can't can't do something about this guy, then what does that say about judicial self-regulation? Best paragraph: The Judicial Council of the U...
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Do parents have the right to NOT turn in a sexual offender?
No. The offender should be turned in regardless of any disability (1), or reason...
Can someone detained in a search w/ warrant, be charged with a crime related to the search if they were not arrested at the time of the search?
The police have fairly wide discretion on when they can make an arrest so long a...
I was a bookkeeper for a recreation center. The Center Director left and a new director took over. I went to work one day and some of my files were missing. I called our computer tech and her restored the files (I had ma
In order for a crime to be established you need to conclusively prove that the D...
If I was detained by citizens unlawfully, and then the police showed up...is everything they charged me with in-admissable?
Probably depends on the law of the state in which you live. Many states allow fo...
If I pay restitution, can I still be charged with a crime?
It sounds like the law in your area is treating it as a civil matter. That being...
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Parallel parking gone bad. Too much gas UES NYC
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UES NYC
On 08-18 at 21:25PM
Twitter suspends journalist critical of broadcast partner's coverage on dubious grounds @guyadams #nbcfail #twitterfail
On 07-30 at 17:57PM
Model example of 1st Amendment suppression by the People of New York City's Michael Bloomberg #OWS #NYPD
On 07-12 at 21:07PM
AG Holder lackadaisical on Operation in our Sites domain name seizures & RIAA lobbied free speech suppression @dajaz1
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Why is the Catholic Church going to court over Obama contraception policy? @NewYorker commentary
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Monks sue Louisiana for right to sell caskets made from forrest destroyed by Katrina
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Are the abortion ultrasound laws headed for the Supreme Court?
On 05-15 at 21:52PM
Do parents have the right to NOT turn in a sexual offender?
No. The offender should be turned in regardless of any disability (1), or reason...
Can someone detained in a search w/ warrant, be charged with a crime related to the search if they were not arrested at the time of the search?
The police have fairly wide discretion on when they can make an arrest so long a...
I was a bookkeeper for a recreation center. The Center Director left and a new director took over. I went to work one day and some of my files were missing. I called our computer tech and her restored the files (I had ma
In order for a crime to be established you need to conclusively prove that the D...
If I was detained by citizens unlawfully, and then the police showed up...is everything they charged me with in-admissable?
Probably depends on the law of the state in which you live. Many states allow fo...
If I pay restitution, can I still be charged with a crime?
It sounds like the law in your area is treating it as a civil matter. That being...
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