Skip to Content

Insights & News

Monthly Archives: December 2016

White Collar Criminal Defense – 1st Cir Rejects Another Gov’t Theory In “Official Act” Prosecutions

White Collar Criminal Defense By Harvey Binnall PLLC - 2016/12/20 at 12:00am

The First Circuit dealt another blow to prosecutors’ aggressive pursuit of public officials in “official act” type prosecutions. This time, RICO and mail fraud statutes were at issue in US v. Tavares. Holding that gratuity statutes should be treated more as a “scalpel” than a “meat hook,” the court held that the Government went too far in its theory of criminal liability against officials at the Massachusetts Office of the Commissioner of Probation. The officials were charged with engaging in a hiring scheme where a legislator’s favored employment candidate would be hired by the OCP in exchange for those legislators’ […]

Read More

appeal, white collar