Category Archives: Federal Government Watch
What are Racketeering Charges? Organized Crime, Gangs and Cartels, and Overcharging RICO
Most people think of movies like “The Untouchables” or “the Godfather” when asked about “racketeering” charges and arrests on R.I.C.O. violations. Makes sense; RICO was designed to combat “organized crime” in this country, and as a general rule that has meant the Mafia. The Cosa Nostra was its original target. RICO Act: Racketeering Charges Expand…
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Prosecutors Have Standards to Follow: the Federal Principles of Prosecution
Prosecutorial misconduct remains at epidemic proportions here in Texas as well as the rest of the United States. We discuss the problem periodically because it’s a scary reality for criminal defense lawyers and their clients. Prosecutors can abuse their power and do bad things. It happens. All too often. For more on prosecutorial misconduct, check…
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New Medical Marijuana Lawsuit Filed Against Attorney General, DOJ, and DEA
Two and a half weeks ago, a little girl from Rowlett named Alexis Bortell filed a lawsuit in federal court against the federal government because she wants access to medical marijuana here in Texas. She’s sick; Alexis suffers from epileptic seizures. Medical marijuana helps her – she doesn’t have the seizures if she uses it. …
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Doctors in Texas Alert: Feds Are Targeting Health Care Fraud Arrests
Health Care Fraud Arrests of Doctors in Texas The government’s position is that “health care fraud” can involve all sorts of nefarious activity by medical professionals. There’s lots of precedent involving federal investigations and arrests based upon overbilling of the federal insurance programs Medicare and Medicaid, for instance. See, e.g., our discussion in “Arresting Texas…
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Prosecutors and Police in Dallas: How Bad is It?
So, what’s going on here in Dallas County with our prosecutors and our police department? Well, there are lots of things going on right now that impact criminal justice – and criminal defense – here in North Texas. Because excessive force by the police and prosecutorial misconduct isn’t just stuff that happens in…
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New 2017 Federal Drug Policy from Attorney General Jeff Sessions
Last week, the Attorney General of the United States sent a memo to all the Offices of the U.S. Attorney General around the country, including the one overseeing the Northern District of Texas that prosecutes federal crimes here in the Dallas-Fort Worth area. It’s a big deal for anyone facing criminal charges here in Texas,…
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Gang Crime Charges: Increasing Prosecution of Gang-Related Crimes in Texas
This week, President Trump publicly blamed former President Obama for allowing known Central American gang MS-13 to gain a foothold in the United States. See, “Trump blames Obama for formation of MS-13 crime gang,” published by the Business Insider on April 17, 2017. Two months ago, the President signed a series of three executive orders…
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Prosecutor Withholding Evidence from Defense in Federal Criminal Case
In a criminal case, someone’s freedom — or even their life — is on the line. Legally, this places special duties upon the prosecution to be fair with the defendant. All sorts of laws exist to protect against abuse by the state: things like the Speedy Trial Act, for instance. Prosecutorial Duty to Turn Over…
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Federal Forfeiture Reform: 81% Property Seized By DOJ from People Never Charged With a Crime
Last week, the Office of the Inspector General in the Department of Justice published its report on federal civil forfeiture, entitled “Review of the Department’s Oversight of Cash Seizure and Forfeiture Activities.” The full report is available online and has been stored in the Michael Lowe Digital Library for your convenience. Read it here. …
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FBI Investigations and DOJ Prosecutions: Fighting for Your Privacy Rights
Of paramount concern to criminal defense attorneys is protecting due process and making sure that any investigation and prosecution by the government abides by constitutional protections like limited police powers, the right to privacy, and search and seizure protocols. Criminal Defense and Privacy Protections This is true for the underlying investigation into criminal activity. It…
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10 Questions to Ask Before you Hire a Dallas Criminal Defense Lawyer
Top 5 Mistakes in Defending a Texas Criminal Case
