Lexington, KY 40506-0048
- Clark Neily, Institute for Justice
From “Fast and Furious” to the unprecedented surveillance of journalists, Eric Holder’s Justice Department has become the dark side of the Obama Administration. The Attorney General is at the center of a growing list of scandals and congressional investigations. Obama’s Enforcer uncovers how the DOJ has become a hotbed of left-wing legal activism. It delves into the close personal association of Holder and Obama, describes the politicization of the Department of Justice, and provides in-depth portraits of the radical lawyers in Holder’s inner circle. The book has been endorsed by Sen. Ted Cruz and Radio Talk Show host Mark Levin. The Las Vegas Lawyers Chapter hosted this event on August 11, 2014.
On June 23, 2014, the Supreme Court issued its decision in Loughrin v. United States. The question in this case is whether the government must prove that a defendant intended to defraud a bank and expose it to risk of loss in every prosecution under 18 U.S.C. § 1344, or whether the government need only prove that a defendant knowingly attempted to defraud someone “to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises.”
Justice Kagan delivered the opinion of the Court, which held that the government does not need to prove that a defendant charged with violating 18 U. S. C.§1344(2) intended to defraud a bank. The judgment of the Tenth Circuit was affirmed. Justice Kagan's opinion was joined in full by the Chief and Justices Kennedy, Ginsburg, Breyer, and Sotomayor. Justices Scalia and Thomas also joined as to Parts I and II, Part III–A except the last paragraph, and the last footnote of Part III–B. In addition, Justice Scalia, joined by Justice Thomas, concurred in part and in the judgment. Justice Alito filed a separate concurrence in part and in the judgment.
To discuss the case, we have Todd Braunstein, who is counsel at the law firm WilmerHale.
The Administrative Conference, together with The Federalist Society, the American Bar Association's Criminal Justice and Administrative Law and Regulatory Practice Sections, and the American Constitution Society, hosted a workshop entitled "Criminal Law and the Administrative State: Defining and Enforcing Regulatory Crimes". Senator Sheldon Whitehouse of Rhode Island and U.S. Sentencing Commissioner Rachel Barkow delivered some keynote remarks at the close of the workshop.
Hart Senate Office Building