Criminal Investigation

Representing Students in University Hazing Disciplinary Proceedings

By Robert G. Stahl and Laura K. Gasiorowski Universities around the country have been aggressively investigating hazing. These investigations have been propelled by several tragic events that have resulted in fatalities or serious injuries usually resulting from excessive alcohol consumption. New Jersey Governor Phil Murphy signs “Timothy J. Piazza’s Anti-hazing Law” Most [...]

By |2023-06-21T14:29:42-04:00June 21st, 2023|College, Criminal Charges, Criminal Investigation, Criminal Trial, Education Law, Hazing, NJ Superior Courts, Penalties, University|Comments Off on Representing Students in University Hazing Disciplinary Proceedings

Increased Federal Enforcement and Regulation of Crypto

Federal regulatory and law enforcement agencies have been redirecting and expanding their resources to investigate and combat frauds involving crypto and other digital platforms. The SEC recently requested $200M from Congress to hire additional 170 new employees, many to focus on crypto-related cases.  These new hires will include lawyers in the Division of Enforcement’s [...]

Facial Recognition Technology Failures and Wrongful Incarceration

Law enforcement and intelligence agencies around the world use facial recognition technology and other AI in investigations to track targets’ movements and as evidence in prosecutions. While books and movies often portray this technology as highly advanced and foolproof, reality can be quite different.  Recent cases have demonstrated that facial recognition technology is far [...]

By |2023-04-03T13:28:36-04:00April 3rd, 2023|Arrest Warrant, Criminal Charges, Criminal Investigation, Federal Courts, Felony, NJ Municipal Court, NJ Superior Courts, Police, Privacy|Comments Off on Facial Recognition Technology Failures and Wrongful Incarceration

When Under Investigation, Listen to Your Attorney and Just Remain Silent

Many clients seek counsel after they have been interviewed by federal agents. They spoke with the agents after the agents surprised them at home or work. When asked why they spoke to the agents without contacting counsel first, clients routinely say that they thought it would be a brief interview and that they didn’t [...]

By |2022-12-01T16:36:22-04:00December 1st, 2022|Attorney-Client Privilege, Criminal Charges, Criminal Investigation, White Collar Criminal Defense|Comments Off on When Under Investigation, Listen to Your Attorney and Just Remain Silent

More Junk Science – Bitemark Analysis

For years, courts around the country have admitted “expert” testimony on bitemark analysis. These so-called experts have opined that bitemarks on human skin, often presented in sexual assault and murder trials, are distinct and “match” the defendant’s dental records. A new comprehensive federal report from the National Institute of Standards and Technology (NIST), still [...]

By |2022-10-19T14:43:50-04:00October 19th, 2022|Criminal Charges, Criminal Discovery, Criminal Investigation, Criminal Trial, Discovery, Due Process|Comments Off on More Junk Science – Bitemark Analysis

New Jersey’s Firearms Laws Continue to Change

On June 23, 2022, the Supreme Court of the United States issued a decision that dramatically altered a citizen’s ability to carry a firearm outside one’s home.  New York State Rifle & Pistol Assoc. v. Bruen, No. 20-843, was a challenge to New York State’s Law requiring justifiable need and good cause for an [...]

By |2022-09-27T11:27:33-04:00September 27th, 2022|Arrest Warrant, Criminal Charges, Criminal Investigation, Federal Courts, Felony, Gun Laws, NJ Superior Courts, Police, Second Amendment|Comments Off on New Jersey’s Firearms Laws Continue to Change

DOJ Reaffirms Aggressive Prosecution of Corporate Crime

Last fall Deputy Attorney General Lisa Monaco announced the Department of Justice’s more aggressive approach to corporate compliance. In her policy speech this week, she highlighted a series of new policies and warned cooperating companies not to slow walk their disclosures, told prosecutors to speed up their investigations and expanded self-reporting programs throughout the [...]

By |2022-09-21T09:52:36-04:00September 16th, 2022|Asset Forfeiture, Business Fraud, Criminal Appeals, Criminal Charges, Criminal Investigation, Criminal Trial, Search and Seizure, White Collar Criminal Defense, White-Collar Crime Penalties|Comments Off on DOJ Reaffirms Aggressive Prosecution of Corporate Crime

A Federal Restitution Order Leads to Garnishment of the Defendant’s Bank, Retirement and Stock Accounts

Courts uphold federal government’s ability to seize a convicted defendant’s 401(k) accounts to satisfy an Order of Restitution after a conviction at trial or a guilty plea.

Special Fraud Alert – Telemedicine

Earlier this month, the U.S. Department of Health and Human Services, Office of Inspector General (HHS, OIG) issued a special fraud alert advising healthcare providers to exercise caution when contracting with telemedicine companies. Such alerts are significant as they put providers on notice that OIG intends to investigate and prosecute potential fraud regarding telemedicine. [...]

Drowning in Seized Electronic Data DOJ Says – Seize Less

In the past, federal agents and prosecutors have sought subpoenas and search warrants that authorize the seizure of every electronic device at the location to be searched – computers, servers, external hard drives and cell phones. This policy has resulted in an exponential growth in seized data.

By |2022-10-14T12:49:47-04:00June 21st, 2022|Criminal Discovery, Criminal Investigation, Discovery, Search and Seizure|Comments Off on Drowning in Seized Electronic Data DOJ Says – Seize Less
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