Monthly Archives: May 2020
After Defendant Is Convicted for False Reporting for Crimes Committed Against Her, New York Appeals Court Reverses Charges Connected to Online Posts Under Free Speech Rights
In April, a New York Appeals court partially reversed a criminal conviction involving alleged false reporting of crimes on social media based on First Amendment free speech rights. The decision is an important one, as the Court goes to great lengths to point out that, in fact, it would be difficult to ever find… Read More »
New York Governor Cuomo Threatens Criminal Prosecution Over NYC Nursing Home Deaths, And Department of Justice Is Prepared to Follow Through
In early May, New York Governor Andrew Cuomo announced that nursing homes throughout the state will now face potential criminal prosecution for fraud if there is any evidence indicating that there has been incorrect reporting of how many coronavirus deaths have occurred on their properties. Gov. Cuomo also announced that there would be an… Read More »
Surge in COVID-19-Connected White Collar Criminal Prosecutions Expected Here In New York
A number of former New York prosecutors are predicting that significant white-collar criminal prosecutions stemming from what COVID-19 has done to the market—similar to what followed the financial crisis of 2008– are coming, even though stay-at-home orders and court shutdowns will inevitably introduce trial delays and interfere with criminal investigations as well. There could… Read More »
Immigration and Customs Enforcement Found to Be Violating the Flores Settlement by Deporting Minors
In spite of the fact that a federal judge recently ruled that deportation orders under the Remain in Mexico program do not change the government’s obligation to release immigrant children to family or sponsors in the United States under the 1997 Flores settlement agreement, Immigration and Customs Services (ICE) is still moving to deport… Read More »
When Police Misconduct Is Protected by Qualified Immunity: Will The US Supreme Court Take Action?
Qualified immunity afforded to police officers when they injure or kill citizens suspected of committing crimes affects how everyone who is charged with a criminal offense is treated, as well as what rights they are afforded. While originally created to try and protect the government from frivolous lawsuits, it has, today, arguably turned into… Read More »
Administration Starts Charging Any and All Businesses Linked to COVID-19 Materials with Defense Production Act Violations While Political Corruption Charges Are Thrown Out by US Supreme Court
In April and May, while the Department of Justice under Attorney General William Barr has taken alleged violations in connection with the coronavirus to new levels, and started charging small retailers who sell facemasks in New York and elsewhere with serious criminal violations, the US Supreme Court has gone in a different direction, and… Read More »
U.S. Supreme Court Makes Deporting Immigrants with Criminal Convictions Easier
In late April, the US Supreme Court made two decisions that will make circumstances significantly more difficult for immigrants seeking legal status; First, denying requests from New York and other states to block the controversial public charge rule during the pandemic, which makes it more difficult for immigrants to obtain legal status if they… Read More »
Supreme Court Bans Non-Unanimous Jury Verdicts in Serious Crime Convictions, But Could It Also Be Opening the Door to More?
A criminal case decided by the U.S. Supreme Court in late April – Ramos v. Louisiana – has criminal justice advocates both celebrating and concerned about future rulings. The Court ruled that because the Sixth Amendment guarantees the right to an impartial trial, and the Court has held, numerous times, that this guarantees the… Read More »
