Blogs

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 […]

By Peter J. Duffy On February 19, 2013, the Supreme Court decided Chafin v. Chafin, holding that an appeal in a case under the Hague Convention on the Civil Aspects of International Child Abduction does not become moot merely because the child has been returned.  The Supreme Court noted that many of these cases are […]

by Joshua L. Solomon At a Senate Judiciary Committee hearing last week, Attorney General Eric Holder defended the prosecutors’ conduct in the prosecution of Aaron Swartz, calling the manner in which plea negotiations were handled a “good use of prosecutorial discretion.”  The questioning of Holder arose, of course, from the widespread criticism of the way […]

by Barry Pollack Much attention has recently been given to the unfair leverage prosecutors may have when “negotiating” plea deals because of the potential of enormous differences in penalties for those who choose to exercise their constitutional rights to go to trial.  The United States Attorney for the District of Massachusetts, Carmen Ortiz, has been […]