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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’ […]

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appeal, white collar

H&B Client Files Brief in Apple Privacy Case

Privacy By Harvey Binnall PLLC - 2016/03/07 at 02:02pm

Harvey & Binnall is proud to be working with Lavabit LLC again in its brief supporting Apple in its dispute with the FBI. The tech-company gained notoriety in 2013 when it shuttered its service rather than give the Government unfettered access to the accounts of its 400,000 + customers. The brief in the Apple case argues that the FBI’s proposal violates the All Writs Act, the First Amendment (freedom of speech), and the Thirteenth Amendment (involuntary servitude).  

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