Three Felonies a Day: How the Feds Target the Innocent by Harvey A. Silverglate (9/1/2009)

Three Felonies a Day: How the Feds Target the Innocent by Harvey A. Silverglate (9/1/2009)

Language: English

Pages: 0

ISBN: B00C7ETC38

Format: PDF / Kindle (mobi) / ePub


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little to clarify the meaning of “expert advice or assistance,” however. What it did do was confirm the breadth of the First Amendment’s protections in this particular case, where the “assistance” consisted of maintaining or linking to mere Websites. The loose statute remained on the books. The jury deadlocked, however, on relatively minor charges that he had violated immigration laws by engaging in visa fraud. After his acquittal of the more serious charges, al-Hussayen’s lawyer negotiated a

that the average citizen cannot understand, all sectors of civil society have a stake in vindicating that interest. Filing friend-of-the-court briefs, lobbying for legislative or regulatory change, writing newspaper op-ed columns or letters to the editor, and other such advocacy should not be limited to supporting only one’s self and one’s own kind. Rather, such activities should be directed toward supporting the legal principles that protect us all. Americans need a new sense of the nature of

from Eric H. Holder, Jr., Deputy Attorney General, June 16, 1999. Available at http://www.usdoj.gov/criminal/fraud/docs/reports/1999/chargingcorps.html. Holder suggested that cooperation was partially defined by whether a company agreed to waive the legally protected attorney-client and work-product privileges. He further suggested that cooperation would be determined by “whether the corporation appears to be protecting its culpable employees and agents” by advancing or paying those individuals’

cooperate are threatened with prosecution, and they then face a choice between serving a long prison term or giving testimony deemed helpful to the prosecution of higher-ups. Some are actually prosecuted and become cooperative witnesses just before their trials, or after conviction and before sentence. Sometimes it takes an actual heavy sentence to coerce the witness. The technique used to pressure witnesses in the Martinez case was a variation on this theme. Each of the developer “victims” of

might indeed have been criminal. They focused on her answers to their questions when they interviewed her and ended up charging her with making false statements to federal authorities and a host of other “obstruction” crimes. The usual stuff. Only this time, the feds couldn’t resist the temptation to add a cutting-edge charge of securities fraud (about which more later). This was, after all, Martha Stewart, founder and CEO of the publicly traded company Martha Stewart Living Omnimedia (“MSLO”),

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