Blogs

by Peter Duffy Article 13(b) of the Hague Convention on the Civil Aspects of International Child Abduction states that return of a child wrongfully retained or removed from his or her home country is not required if the respondent opposing the return establishes that “there is a grave risk that [the child’s] return would expose the child […]

by Barry Pollack Last week, in United States v Michaud, the First Circuit forgave FBI agents who violated the Fourth Amendment by illegally placing a GPS device on a vehicle.  The court distinguished between  law enforcement using “new investigative methods in the face of uncertainty,” which is bad, and law enforcement relying on “clear and settled principles […]

By Barry S. Pollack Deja vu all over again, again.  This question: “Should a Federal Prosecutor Fictionalize a Cooperating Witness and Leave a Judge in the Dark?”, seems either rhetorical or easy enough to answer.  But in the District of Massachusetts, many simple questions generate complex, incomplete, or surprising answers.  Wild answers may have been […]

by Barry S. Pollack Deja vu all over again.  This question: “Should a Federal Prosecutor Facilitate Conflicts of Interest Contrary to 18 U.S.C. 207? ”, seems either rhetorical or easy enough to answer.  But in the District of Massachusetts, many simple questions generate complex, incomplete, or surprising answers. Take for example, the same AUSA who […]

by Barry S. Pollack This question: “Should a Federal Prosecutor Sit on a Penny Stock Board?”, seems either rhetorical or easy enough to answer.  But in the District of Massachusetts, many simple questions generate complex, incomplete, or surprising answers. Take for example, an AUSA who wears a public hat when investigating penny stock companies, while […]

by Joshua L. Solomon A recent First Circuit decision raises three important sentencing issues.  While framed as a decision about the right of defendants to learn the identities of confidential informants, last week’s United States v. Mills opinion impacts not only that issue, but also the fairness of the United States Sentencing Guidelines’ penchant for […]