The Ferguson Effect, The War on Cops, Over-Incarceration, and more! Miami Lawyers Chapter Tuesday, July 26, 05:30 PMThe Coral Gables Country Club
990 Alhambra Circle
Coral Gables, FL 33134
- Heather MacDonald - Thomas W. Smith Fellow, The Manhattan Institute, New York City
- Tamara Lawson - Associate Dean for Faculty Development & Professor of Law, St. Thomas University School of Law, Miami, Florida
Moderator, William Shepherd, Esq. - Partner, Holland & Knight, Former Florida Statewide Prosecutor Criminal Law & Procedure and Free Speech & Election Law Practice Groups Podcast
On June 27, 2016, the United States Supreme Court issued a unanimous opinion in Robert F. McDonnell v. United States. The Court vacated the public corruption convictions of former Virginia Governor Bob McDonnell, finding that the prosecution failed to properly instruct the jury on the definition of an “official action” as used in the federal bribery statute, Hobbs Act, and honest-services fraud statute. However, the Court rejected McDonnell's claims that the honest services statute and Hobbs Act are unconstitutional, and left the Court of Appeals to reconsider whether McDonnell had committed an "official act" under the Court's new definition. Our experts discussed the impact of the opinion, and debated its merits, as it relates to public corruption law and the criminal law more generally, as well as to the First Amendment and campaign finance law.
Criminal Law & Procedure Practice Group Podcast
- Prof. Randall D. Eliason, George Washington University Law School
- William J. Haun, Associate, Hunton & Williams LLP
- Stephen R. Klein, Attorney, Pillar of Law Institute
- Tara Malloy, Deputy Executive Director, Campaign Legal Center
Are federal prosecutors abusing their enforcement powers in the civil and criminal context? The news is increasingly filled with examples of the government taking advantage of vague statutory language and applying powerful prosecutorial tools to questionable ends. On May 25, 2016, the House Subcommittee on Oversight of the Ways & Means Committee held a hearing criticizing the Department of Justice and the IRS practice of seizing the bank accounts of small businesses for allegedly “structuring” cash deposits in violation of the Bank Secrecy Act (originally passed to combat money laundering and terrorism finance) where there was no intent to violate the law and no underlying criminal activity. One witness included a Maryland farmer whose $60,000 bank account from farmers’ market proceeds was seized, and who was further punished for speaking to the press about his case. Pending before the Eleventh Circuit is United States v. Clay, a case in which some 200 FBI agents raided a Florida health care company over an accounting dispute stemming from the interpretation of an allegedly vague Florida Medicaid regulatory provision. That raid resulted in the prosecution, conviction, and sentencing of the company’s top executives. Our experts discussed these cases, as well as other recent controversies involving prosecutorial discretion, civil asset forfeiture, and the criminal law.
Short video featuring Paul Rosenzweig
- Robert Everett Johnson, Attorney, Institute for Justice
- Paul D. Kamenar, Washington, D.C. Attorney and Senior Fellow, Administrative Conference of the United States
Paul Rosenzweig, Professorial Lecturer in Law at the George Washington University, explains the core issues in Apple's recent legal battle with the FBI. Short video featuring Rachel Paulose
Partner at DLA Piper LLP and Former U.S. Attorney Rachel Paulose discusses the appeal of Governor McDonnell’s criminal conviction for corruption because he accepted gifts and money from Williams in exchange for helping Williams develop his business in Virginia. Governor McDonnell denies violating the relevant federal laws. The Supreme Court hears the case on Wednesday, April 27.