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Criminal Law

Criminal Law Reform

Silicon Valley Lawyers Chapter Thursday, August 20, 06:30 PMMacArthur Park
27 University Avenue
Palo Alto, CA 94301

Speakers:

  • Honorable Alex Kozinski, United States Court of Appeals for the Ninth Circuit
  • Honorable Joseph P. Russoniello, Former United States Attorney, Northern District of California

Criminalizing Reasonable Interpretations of Regulatory Schemes: Clay v. United States - Podcast

Criminal Law & Procedure Practice Group Podcast
Paul D. Kamenar, John F. Lauro, John G. Malcolm July 29, 2015

Is Clay v. United States, currently pending in the 11th Circuit, a case study of overcriminalization and abusive federal prosecution? The case raises basic notions of due process, fair notice, the rule of lenity, mens rea, and actus reus. What began as a highly publicized raid by some 200 FBI agents on a Florida health care company over an accounting dispute of how to interpret a provision in Florida’s Medicaid reimbursement statute with no clarifying administrative regulations, ended in the indictment, conviction, and prison sentences for the company’s top executives for fraud. This case is particularly important for all regulated industries, where there are numerous and ambiguous laws and complex regulations governing conduct subject to administrative, civil, and criminal enforcement. John Lauro, counsel in the case, discussed the lawsuit, with Paul Kamenar joining to offer questions and comments.

  • Paul D. Kamenar, Washington, D.C. Attorney and Senior Fellow, Administrative Conference of the United States
  • John F. Lauro, Principal, Lauro Law Firm
  • Moderator: John G. Malcolm, Director and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation

Crime and Politics: Wisconsin Supreme Court Rules in "John Doe" Investigation - Podcast

Criminal Law & Procedure Practice Group Podcast
Allen Dickerson, Edward D. Greim, Tara Malloy, Jason Torchinsky July 24, 2015

On Thursday July 16, 2015, the Wisconsin Supreme Court issued an opinion and order ending the long running “John Doe” investigation into potential violations of Wisconsin campaign finance law and whether candidates and outside groups illegally “coordinated” spending. In mid-June of 2015, a young political consultant was sentenced to nearly two years in federal prison for illegally coordinating between a congressional campaign and a Super PAC. The U.S. Department of Justice also recently announced it will look carefully at allegations of coordination between candidate and outside groups. What does all of this mean? Where is the law heading on this? Are civil and criminal investigations into campaign activity going to be increasing?

  • Allen Dickerson, Legal Director, Center for Competitive Politics
  • Edward D. Greim, Partner, Graves Garrett LLC
  • Tara Malloy Senior Counsel, Campaign Legal Center
  • Moderator: Jason Torchinsky, Holtzman Vogel Josefiak PLLC

Execution Methods and Deciding Implementation of the Death Penalty - Podcast

Criminal Law & Procedure Practice Group Podcast
John Bessler, Kent S. Scheidegger July 15, 2015

During oral argument in Glossip v. Gross, Justice Samuel Alito pointed to what he called "a guerrilla war against the death penalty, which consists of efforts to make it impossible for the states to obtain drugs that could be used to carry out capital punishment with little, if any, pain[.]"  The goal of these efforts, apparently, is to facilitate constitutional challenges to the death penalty by making its implementation more painful.

This teleforum analyzed whether the efforts by death penalty opponents to pressure drug manufacturers to stop supplying drugs for use in execution--resulting in states resorting to execution methods that are more painful--are circumventing the democratic process in debating the death penalty. Specifically, our experts debated the methods used by those in opposition to the death penalty to shut down access to less painful execution methods, the propriety of complicating the death penalty's implementation, the relationship between that complication and constitutional challenges to the death penalty, and whether this amounts to treating the democratic process like a one-way ratchet: only permitting the people to choose more painful means of implementing executions so as to facilitate legal challenges to the death penalty.

  • Mr. Kent Scheidegger, Legal Director & General Counsel, Criminal Justice Legal Foundation
  • Prof. John Bessler, Professor of Law, University of Baltimore School of Law
     

Supreme Court Criminal Law Round Up - October Term 2014 - Podcast

Criminal Law & Procedure Practice Group Podcast
John G. Malcolm, Dean A. Mazzone July 15, 2015

The Supreme Court issued a number of notable opinions in the area of criminal law during the recently concluded term. Members of the Federalist Society’s Criminal Law & Procedure Practice Group Executive Committee offered their analysis on recent developments in the Supreme Court’s criminal law jurisprudence and fielded questions from a call-in audience.

  • John G. Malcolm, Director and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation
  • Dean Mazzone, Senior Trial Counsel, Criminal Bureau, Massachusetts Attorney General’s Office