CourtSide - The FindLaw Breaking Legal News Blog

Recently in DOJ Category

Medical marijuana use and sales won't be prosecuted by the federal government, according to a new Justice Department memo from Deputy U.S. Attorney General David Ogden (inset, right).

But there's a catch: the federal directive only applies in states that have laws authorizing medical marijuana usage.

The DOJ also made clear that this new policy cannot be used as a 'get out of jail free card' by drug traffickers or those who grow pot on federal land.

In a pair of simultaneous deliberations occurring in Washington D.C. this week, the Justice Department is attempting to shape how many of its secrets are revealed to the public, and how much of the public's secrets it can collect.

the DoJ has announced a new process for determining whether or not to assert the state secrets privilege, and a established new set of guidelines and standards it will employ when it does decide to make a state secrets claim.  In a statement, Attorney General Eric Holder said that the goal of the new standards is to ensure that the government claims the state secrets privilege "only when necessary and in the narrowest way possible."

Pharmaceutical giant Pfizer, Inc., and its drug subsidiary Pharmacia & Upjohn Company, Inc. are paying $2.3 billion to settle the largest criminal and civil health care fraud action ever brought by the U.S. Department of Justice.

According the DOJ, six whistleblowers ('relators' in legalese) who filed qui tam lawsuits under the False Claims Act will collectively receive more than $102 million for their roles in uncovering fraud and "off-label" use of Pfizer drugs that were not approved by the FDA.

Which former Pfizer employees will reap millions for helping expose the company's illegal practices?

Weekend at Bernie Madoff's Prison? Read This First

| No TrackBacks

It's a beautiful day in convicted Ponzi schemer Bernard Madoff's new neighborhood.  The disgraced former investment manager is serving his 150-year prison sentence at the Butner Federal Correction Complex in Butner, North Carolina.

Here is a sampling of Bernie's new neighbors, and the answers to frequently asked questions about conjugal visits, gifts, and more.

A federal judge in San Jose, California heard arguments today about the constitutionality of the Animal Enterprise Terrorism Act (18 U.S.C. § 413), a law used to prosecute violent acts of anti-animal research activists.

The defendants were indicted in March 2009 on charges alleging that they conspired to threaten, harass, and intimidate bio-medical researchers at their homes near Berkeley and Santa Cruz, and at animal research facilities on the University of California at Santa Cruz campus.

You can read the federal grand jury indictment here:

Many organizations have begun calling for the resignation or impeachment of Judge Jay Bybee of the Ninth Circuit Court of Appeals in Nevada after the Obama administration's released Bush-era torture memos in which the Office of Legal Counsel at the Justice Department sanctioned the use of interrogation devices that many characterize as torture.

Judge Bybee was the head of that office at the time, and he signed the legal memorandums that approved of such coercive techniques as waterboarding, wall-slamming and sleep deprivation.  Then-President George Bush later appointed Bybee to the Ninth Circuit.
The debate about the sentencing disparity between crack and powder cocaine continues. 

The Obama DOJ has gone before the Senate Judiciary Subcommittee on Crime and Drugs to request that Congress "completely eliminate the disparity in prison sentences between crack cocaine and powdered cocaine."

While they made no mention of how they wished Congress to accomplish this, the mention of a complete elimination of any difference in sentences suggests that the administration wants to alter both the mandatory minimum sentences and the sentencing guidelines for crack offenses.

Judges Bang the Gavel on Prosecutorial Misconduct

| No TrackBacks
In a series of savage benchslappings aimed at federal prosecutors, a growing group of district court judges is airing its displeasure with the trial tactics employed by the DOJ, writes Politico's Josh Gerstein.

The most high profile of these upbraidings came when District Court Judge Emmet Sullivan overturned Ted Stevens' conviction for lying on his Senate financial disclosure forms and initiated an investigation of the prosecutors in the case.  Sullivan said that the prosecutorial misconduct in the case, including inappropriate relationships with witnesses and the withholding of evidence from the defense, was the worst he had seen in his 25 years on the bench.
Former Alaska Senator Ted Stevens won't have to swap his trademark "Incredible Hulk" tie for a prison jumpsuit after all. 

U.S. District Judge Emmet Sullivan has dismissed Stevens' conviction for lying on Senate financial disclosure forms, and ordered a criminal contempt investigation of the prosecutors in the case for what he called the worst "mishandling and misconduct" he had seen in his 25-year career on the bench.

The dismissal comes after Attorney General Eric Holder decided not to defend the conviction against allegations of prosecutorial misconduct.