Monthly Archives: July 2014

FINRA Outside the Law?

Birkelbach v. SEC| 13-2896

July 2014

Birkelbach v. SEC suggests that if the government sufficiently delegates enough of its authority to the right people, it just might be able to operate outside of the law.Read More >>

Going "Too Far" Back in Time

United States v. Purham | 13-2916

July 2014

In United States v. Purham, the Seventh Circuit issued a rare setback to the government in its pursuit of relevant conduct. Read More >>

Conditions of Release

United States v. Siegel | 13-1633; -1640
United States v. Norfleet | 13-1767 (consolidated)

July 2014

At a sentencing hearing, most defense attorneys give little (if any) thought to supervised release conditions. The goal is to minimize a client’s prison sentence – not worry about how often he is drug tested once he gets out. The opinion in the consolidated appeals of  United States v. Siegel and United States v. Norfleet should change that. Read More >>

"John Doe" Warrants in Federal Court

United States v. Purham | 13-2475

July 2014

“John Doe” search warrants are commonplace in state prosecutions, and as federal prosecutors continue to adopt criminal cases investigated by state law enforcement officers, defense counsel will see more “John Doe” warrants being litigated in federal court. While “John Doe” warrants are not per se prohibited in federal court, United States v. Glover is an example of their limitations.Read More >>

Problems with the "I Didn't Mean to Do It" Defense

United States v. Beavers | 13-3198

July 2014

While corrupt Chicago politicians generally do not provide good examples of the political leadership that we deserve, their trials are often instructive on other matters. United States v. Beavers is no different.Read More >>

Odds & Ends

United States v. Daoud | 14-1284
United States v. Newman | 13-3467
Eubanks, et al. v. Pella Corp., et al. | 13-2091;
-2133; -2136; -2162; -2202

July 2014

The Court also issued a series of decisions that while not generally applicable to a wide range of cases, may be of interest to you. Read More >>

Silent Movie

United States v. Wallace| 13-2160

July 2014

While a picture is often said to be worth 1,000 words, according to the Seventh Circuit, a video recording is no statement at all. In United States v. Wallace, the government introduced a dark and fairly ambiguous video purporting to show Wallace buying drugs. The video was taken by his nephew working as a paid DEA informant, but by the time of trial, the nephew had recanted his testimony against Wallace in an affidavit and refused to testify for the government. The DEA nevertheless played the video without sound and a DEA agent testified as to what he thought it showed.Read More >>