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Criminal Law

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

"How You Finance Goldman Sachs? Profits"

Posted on July 30, 2009
Are you tired of reading about Goldman Sachs? I sure am. Yet the most corrupt criminal organizatin in American history has created a neverending story. In the latest Mother Jones, a former Goldman Sachs insider explains how you (yes, you) are making really rich people even richer...

Justice Sotomayor: Pro-Prosecution or Pro-Civil Liberties? (Pottawattamie County v. McGhee)

Posted on July 30, 2009
We are about to soon find out. There can be no more telling of a case than Pottawattamie County v. McGhee. In McGhee, prosecutors who fabricated evidence were denied absolute immunity from suit under Section 1983. Will Sotomayor side with prosecutors who violated the law and ruined lives; or with innocent citizens who are wrongfully accused of crimes? McGhee is...

Quick Thought on Libertarian Paternalism

Posted on July 29, 2009
Those opposed to libertarian paternialism should spend some time talking to people with sub-100 IQs. Seriously. Try explaining a basic concept like Pythagora's theorem to someone who is as smart as half of the population. (Relatedly: I tell my liberal friends, mostly Ivy-league grads, that they should go teach at a rural junior college before spouting off that everyone is...

Graffiti Artist [sic] Ordered to Surrender Passport?

Posted on July 29, 2009
This is moronic: Thurston County Superior Court Judge Anne Hirsch ordered mixed martial arts champion Jeff Monson to surrender his passport Tuesday after Monson pleaded not guilty to malicious-mischief charges for allegedly spray-painting an anarchist symbol on the Capitol last year...

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R. Rex Parris and David C. Wheeler Obtain $370 Million Verdict Against Guess Co-Founder

Posted on July 29, 2009
The Associated Press, ABA Journal, and Metropolitian News Daily are all reporting: A Los Angeles Superior Court jury yesterday awarded nearly $370 million in damages against Guess? Inc. co-founder Georges Marciano for claims of defamation and intentional infliction of emotional distress by several former employees, attorneys involved in the matter have announced...

Edward Eugene Harper and the FBI's Age-Progress Photo/Junk Science Machine

Posted on July 28, 2009
Edward Eugene Harper was a serial pedophile. His failure to appear in court 15 years ago got him put on the FBI's 10 Most Wanted Fugitive List. He was recently arrested. That's not interesting. Here is what's interesting. Harper made the FBI's 10 Most Wanted Fugitives list...

Norwood v. Vance: Law Professor's Failure to Understand Appellate Procedure Leads to Bad Law

Posted on July 28, 2009
Procedural law breaks hearts. The facts are the facts. You can spin - not change - them. Even the substantive law isn't especially malleable. If you lose on the facts or substantive law, why can you do? Curse the law, sure. There is no need for tears or guilt...

Ashcroft v. Iqbal: Supervisory Liability Under Bivens and Section 1983

Posted on July 27, 2009
In its recent opinion in Ashcroft v. Iqbal, the United States Supreme Court confused the law of supervisory liability. Iqbal's bare majority did not, contra the some gasps in the dissent, overrule supervisory liablity under Bivens or Section 1983. The Court did confuse the law of supervisory liablity...

Judge Norm Pattis?

Posted on July 27, 2009
Alas, it will not be so.

Sex Crimes Prosecutor Charged With Rape

Posted on July 27, 2009
Bizarre is an overused word. This is a bizarre story: As Michael Gressett waited for a jury verdict in a molestation trial, the Contra Costa County sex crimes prosecutor had what he called a "nooner," bringing a fellow prosecutor to his Martinez home for intercourse...

More on the Chris Dodd-Countrywide Connection

Posted on July 27, 2009
The Associated Press has this breaking news: WASHINGTON - Despite their denials, influential Democratic Sens. Kent Conrad and Chris Dodd were told from the start they were getting VIP mortgage discounts from one of the nation's largest lenders, the official who handled their loans has told Congress in secret testimony...

Does the Aleynikov Prosecution Violate the Equal Protection Clause?

Posted on July 25, 2009
If I were Sergio Aleynikov's lawyer, I'd seek to dismiss the case under a class-of-one equal protection theory. Why is Aleynikov, unlike other people who allegedly stole trade secrets from Wall Street firms, being criminally prosecuted? Does AUSA Joseph Facciponti, the attorney prosecuting Aleynikov, have a secret and improper relationship with Goldman Sachs? Why did the FBI, less than 48...

High Frequency Trading and Goldman Sachs

Posted on July 24, 2009
The New York Times has an excellent article on high frequency trading. Sergey Aleynikov, a man did something very right for the wrong reasons, even makes a cameo. Read the whole thing. If you want to get a better feel for the issues, the Themis Trading blog shows how high frequency trading looks: The three HFT horsemen are C, BAC...

Diversity and Police Abuse

Posted on July 24, 2009
The Gates case raises an interesting issue no one wants to discuss. It causes too much cognitive conflict. We are told that we need "diverse" police forces so badly - even if this means discriminating against whites - because more divesity means less police abuse...

Karen Ann Escobar is Unethical Prosecutor

Posted on July 24, 2009
Another day, another unethical prosecutor. From United States v. Nobari (here): The defendants raise several claims on appeal, including an allegation that the prosecution improperly presented, as evidence of the defendants? guilt, testimony that drew generalizations on the basis of ethnicity about ?Middle Easterners? and ?Mexicans...

Henry Paulson Can't Keep His Lies Straight

Posted on July 24, 2009
Henry Paulson, yet again, is revealed to be a liar and a thief.

Fun With Student Loans and Credit Reports

Posted on July 23, 2009
I ran my credit report. I saw a loan on it that I never remember taking out. According to my credit report, I am 1,455 days past due on the loan. I've never made a payment on the loan, as I've never received a bill from the lender. Which is unusual: Student loan providers are pit bulls...

Rep. Marcy Kaptur Cross-Examines Henry Paulson About Warren Buffet-Goldman Sachs Deal

Posted on July 23, 2009
Henry Paulson loaned taxpayer money to Goldman Sachs. Warren Buffett loaned private capital to Goldman Sachs. Who got the better deal? Rep. Marcy Kaptur cross-examined Paulson about this issue. Before heading Treasury, Paulson was CEO of Goldman Sachs...

Tasers and Excessive Force/Section 1983

Posted on July 22, 2009
The Eighth Circuit Court of Appeals issued an opinion I'll need to review later. Here is the Clerk's summary: 081640P.pdf 07/22/2009 Sandra Brown v. Rob Zarrett, etc. U.S. Court of Appeals Case No: 08-1640 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Wollman, Author, with Riley and Shepherd, Circuit Judges] Civil case - civil rights...

Rep. Cliff Stearns v. Henry Paulson

Posted on July 21, 2009
Best video I've seen all day:

Hubbert v. City of Pittsburg, and the Definition of a Police Officer's Duties

Posted on July 21, 2009
In Hubbert v. City of Pittsburg, a split panel of the Ninth Circuit Court of Appeals held that a police officer who speaks to FBI agents about police misconduct, is doing so pursuant to his official duties as a police officer. In reaching its conclusion, the panel cited California law: Though Huppert argues that he was repeatedly informed by the...

Ceballos' Casualties

Posted on July 21, 2009
The biggest fear civil rights and open-government advocates is coming true. In Garcetti v. Ceballos, the United States Supreme Court held that a government employee's speech made in a official capacity was not protected under the First Amendment. The Supreme Court did not consider what would happen...

Barack Obama Expands Goldman Sachs' Power

Posted on July 20, 2009
Goldman Sachs is too entrenched in the Federal Government. What is President Barack Obama going to do about it? July 17 (Bloomberg) -- President Barack Obama announced today he was nominating Robert Hormats, a vice chairman of Goldman Sachs International, to a top economic position at the State Department...

Federal Appellate Practice

Posted on July 20, 2009
Just snagged a copy from the secondary book market at Amazon for $125. Looks like an awesome book. Grab 'em while they're hot. (Hat tip: Eugene Volokh)

Police Officers Claimed: "We Just Wanted to Help"

Posted on July 17, 2009
Taken from Hopkins v. Bonvicino: On August 22, 2003, two San Carlos Police Officers broke into Bruce Hopkins? home. They did not have a warrant, nor did they have probable cause. All that they had was a statement from a third-party that Hopkins had been involved in an extremely minor traffic incident, an incident so minor that it did not...

John Squires, of Chadbourne & Parke, Gets Handled for Threatening Frivolous Lawsuit

Posted on July 16, 2009
John Squires sent a threatening letter to a blogger who published postings critical of Goldman Sachs. In this letter, Squires threatened to file a frivolous lawsuit agianst the blogger. The blogger fought back. He sued Goldman Sachs. And he won. You may read the glorious details here.

More on David Viniar's Statment Regarding Goldman Sachs v. Sergey Aleynikov

Posted on July 15, 2009
Sergey Aleynikov, a former Goldman Sachs employee, allegedly stole software from Goldman Sachs that, according to Goldman Sach's lawyer, Assistant United States Attorney Joseph Paul Facciponti, "could [be] use[d] it to manipulate markets in unfair ways...

Joseph Facciponti Lied at Aleynikov Bail Hearing

Posted on July 15, 2009
Sergey Aleynikov allegedly stole some software from Goldman Sachs. While on the job, Aleynikov, a former quant at Goldman Sachs, would allegedly downlownd Goldman's software. Assistant United States Attorney Joseph Facciponti is prosecuting Aleynikov for theft of trade secrets...

Conservatives and Liberals Have United

Posted on July 15, 2009
Have people on the Left and Right realized that Goldman Sachs is manipulating the markets and stealing billions from taxpayers? Have they realized that Goldman began running the Federal Reserve during George W. Bush's Administration, and continues running the Fed during the Barack Obama Administration? I guess you'll have to watch this video to see what has created such bipartisanship.

Buy the Latest Issue of Popular Mechanics

Posted on July 15, 2009
The cover speaks for itself:

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