May 2011

May 2011 Cover

Turn to The Champion for the exchange of ideas and practice tips from the best defenders in the nation.

 

 

Articles in this Issue

  1. ‘Honey Laundering,’ A Toilet Flush, and a Governor’s Yahoo Account: The New Age of Anticipatory Obst

    ‘Honey Laundering,’ A Toilet Flush, and a Governor’s Yahoo Account: The New Age of Anticipatory Obstruction of Justice T. Marcus Funk 22 Late one night last year, a defense attorney’s client decided to erase a document file folder and certain emails from his personal laptop computer. As it turn

  2. Another ‘View’ of Fingerprint Evidence: The Preparation of Clearer Exhibits Gives the Judge and Jury

    Another ‘View’ of Fingerprint Evidence: The Preparation of Clearer Exhibits Gives the Judge and Jury a Better View of Fingerprint Images Michael Cherry; Edward Imwinkelried; Manfred Schenk May 2011 28 In the vast majority of cases in which the prosecution presents fingerprint testimony, the jury c

  3. Book Review: Criminal Tax, Money Laundering, and Bank Secrecy Act Litigation

    Criminal Tax, Money Laundering, and Bank Secrecy Act Litigation Ellen C. Brotman May 2011 59 Criminal Tax, Money Laundering, and Bank Secrecy Act Litigation By Peter D. Hardy BNA Books (2010) Are you feeling overwhelmed by the complexity of financial crime prosecutions, especially in the b

  4. Eradicating the Hoover Legacy

    Eradicating the Hoover Legacy Jeffrey S. Weiner May 2011 55 The Willie Sutton Federal Reserve Building. The Charles Ponzi Securities and Exchange Commission Building. Incongruous? Appalling? Yes, but no more so than the J. Edgar Hoover Federal Bureau of Investigation Building. Language and nomen

  5. Inside NACDL: For NACDL and the Foundation for Criminal Justice, Law Day Is Every Day

    For NACDL and the Foundation for Criminal Justice, Law Day Is Every Day Norman L. Reimer May 2011 7 For NACDL members, at least this one, it was difficult to conceal a wry smile when I learned that the American Bar Association (ABA) had selected as this year’s Law Day theme, The Legacy of John Adams

  6. Judicial Elections: Threats to the Independence Of the Judiciary at the Local and State Levels (From

    Judicial Elections: Threats to the Independence Of the Judiciary at the Local and State Levels Jim E. Lavine May 2011 5 Last August, when I was installed as NACDL’s 52nd president, it was clear that the landscape in which we practice as criminal defense lawyers had changed dramatically over the cour

  7. Securities Fraud: The Rise of Wiretaps And Government Eavesdropping in Securities Fraud Cases

    Securities Fraud: The Rise of Wiretaps And Government Eavesdropping in Securities Fraud Cases Kenneth Breen; Sean Haran May 2011 43 Law Enforcement Is Listening Over the last 18 months, the Department of Justice and SEC have ramped up their investigation and prosecution of insider trading. The m

  8. State v. Taylor and The North Carolina State Bureau of Investigation Lab Scandal

    State v. Taylor and The North Carolina State Bureau of Investigation Lab Scandal Mike Klinkosum May 2011 10 On Sept. 25, 1991, Gregory Flynt Taylor was a hardworking husband and father. At 29, he was married to his high school sweetheart and had an eight-year-old daughter who would tell him he was “

  9. The Changing Landscape Of Sentencing Mitigation In Possession of Child Pornography Cases

    The Changing Landscape Of Sentencing Mitigation In Possession of Child Pornography Cases Marcia G. Shein May 2011 32 Since 1995, the sentences typically imposed for defendants convicted of federal pornography/prostitution offenses have increased by 300 percent. 1 In 1996, only 77 percent of federal

  10. The Dhamma Brothers

    The Dhamma Brothers Adam Diamond May 2011 59 The Dhamma Brothers A film by Jenny Phillips Balcony Releasing (2008) Throughout the country, it is widely recognized that the prison system suffers from many problems — it is expensive, overcrowded, places inmates in situations in which

  11. The Fermentation Defense — When And How to Use It

    The Fermentation Defense — When And How to Use It Andrew Mishlove May 2011 50 Sometimes a direct attack is the best defense. The fermentation defense is one method of attacking a blood alcohol test result. Simply put, fermentation of a blood sample in the test tube can cause a false high test result

  12. The Law’s Response To Cyberbullying

    The Law’s Response To Cyberbullying Avni Mehta May 2011 18 Walking down memory lane to those carefree childhood days, most people remember the classroom bully — that boy or girl who had an inexplicable ability to instill fear in others and cause emotional or physical pain. Most people remember avoid