“Bradley Manning Being Mistreated” U.S. State Department Spokesperson Says
Yep, the 24 hour a day isolation, lights on, stripped naked treatment by the military– prior to the upcoming trial of Private Bradely Manning, a “suspect” not yet tried (so legally he cannot yet be punished)– has caught the emotions ... Read more
In Stockton Mayor Anthony Silva Case, Evidence Isn’t What It Appears to Be
Mark went on CBS13 and KPIX 5 to discuss a surreptitious recording used in the criminal case against Stockton Mayor Anthony Silva: Mark and co-counsel Allen Sawyer said an audio recording between teenagers at a camp where Silva was a ... Read more
Victory in Federal Court for 4th Amendment as NSA Spying Ruled Illegal
In an opinion found by clicking this link here, federal district court in Washington DC found the government’s collection of meta data on telephone calls to be violative of the Fourth Amendment. This vindicates Edward Snowden. This program, ruled illegal ... Read more
Federal Indictment Based on ATF “Sting” Operation Dismissed in Los Angeles Central District for ATF Misconduct
Central District Judge Manuel Real dismissed all charges in a case involving ATF Officers setting up defendants to rip off non-existent “stash” houses. The case is 13-CR-751 United States v. Flores et al. Read all about it by checking ... Read more
Man Throws Away 3 Small Fish And Ends Up In The US Supreme Court
Recent cert petition granted. Guy had 72 red grouper fish when Florida officers boarded his boat off shore. Alleged to be too small to keep. Was told to bring the fish and boat to port. He did. Officers counted only ... Read more
More on the Reasoning of the Ninth Circuit’s Right-To-Carry-A-Gun Opinion
As I noted earlier, today’s Ninth Circuit decision in Peruta v. County of San Diego (9th Cir. Feb. 13, 2014), concludes that California’s broad limits on both open and concealed carry of loaded guns “impermissibly infringe[] on the Second Amendment right to ... Read more
Hard to Believe: Fear of a Suppression Motion Causes US Attorney’s to Dismiss Federal Criminal Charges
As always, Sacramento federal and state criminal defense attorneys Steve Plesser and Mark Reichel are very impressed when something like this happens. Service of the search warrant exceeded the authority the judge granted. I have the briefings if anyone wants ... Read more
Local Eastern District Firm Subject Of Congressional Probe? Criminal Conspiracy For Hacking?
There is news in the last month that local business HB Gary (whose slogan is “Detecting Tomorrow’s Malware Today”) is in the hot seat for their e mails and contracts with the US Chamber Of commerce; those contracts and e ... Read more
Supreme Court Holds Post Sentence Rehabilitation Important at Re Sentencing
In 2010, I appeared before Judge William Shubb for final sentencing in the case of United States v. Jeff Grubbs. Jeff Grubbs was arrested in 2003, and spent almost 4 months in jail before he was bailed out. We litigated ... Read more
Former Attorney General Thornburgh Criticizes Over Federalization Of Criminal Matters
“Sacrificing The Rule Of Law In The Pursuit Of Justice.” Former Attorney General Richard Thornburgh delivers a well reasoned criticism of the expanse of federal criminal law and especially the legislation of serious penalties for crimes that are vague and ... Read more
Banks Closing Accounts Of Legal California Dispensaries Based On Federal Demands
Recently, in the Eastern District and elsewhere, banks have closed the accounts and sent packing the legal dispensary businesses. Several dispensaries in the Sacramento area, and San Joaquin as well, have had their accounts closed and the money frozen for ... Read more
Loss Amount In Federal Criminal Mortgage And Bank Fraud Prosecution Cases Should Account For Profit Bank Makes Off Defaults And Short Sales
Just a great explanation of how banks actually often profit on short sales and foreclosures, a profit in excess than if the loan never went bad. Great explanation. Check it here