White Collar Crime Prof Blog

Rob Cary's Book on Senator Ted Stevens

Rob Cary's book, "Not Guilty: The Unlawful Prosecution of U.S. Senator Ted Stevens" is a wonderful read and reminder of what needs to be corrected in our criminal justice system. Discovery in a criminal case is incredibly important, and this book emphasizes its importance in the criminal justice system and to society. In white collar document driven cases, the amount of paperwork can be overwhelming.  It becomes important to not merely provide discovery to defense counsel, but also  that it be given in an organized manner. Dumping documents on defense counsel is not enough.  And failing to provide crucial documents, witnesses, and evidence is even more problematic. More needs to be done to correct discovery injustices in society and hopefully this book can serve as the momentum and real-life story to make it happen.

Hats off to lawyer Rob Cary (Williams & Connolly) who took the bold step to tell this important story and to tell it in a very "real" way. 

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Federal Criminal Rules and Code - Plus - New Book

Check out the O'Connors 2011 edition of  Sean Buckley, Alexander Bunin, Edward Mallett, and Jeffrey S. Weiner's book Federal Criminal Rules & Codes plus. (see here).  The website says,

"O’Connor’s Federal Criminal Rules & Codes 2011 is the only codebook with annotated Federal Rules of Criminal Procedure and Federal Rules of Evidence. The book also includes other federal rules, Title 18 U.S.C., and selections from many other U.S.C. titles that provide for offenses or relate to criminal procedure."

The author list on this book is truly incredible.

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Federal Criminal Discovery - New Book

Robert M. Cary, Craig D. Singer, and Simon A. Latcovich, all of Williams & Connolly, have a new book titled, Federal Criminal Discovery. It is published by the ABA and can be found here. The ABA website states:

Federal Criminal Discovery thoroughly covers each of the different methods of discovery available to the parties in federal criminal cases. It serves as an invaluable resource for judges, academics, prosecutors, and defense lawyers by providing an exhaustive discussion on the statutory and constitutional bases for discovery, and by covering the existing law fairly while examining both sides of the issues.

Specific topics include:

• Defendant's constitutional right to obtain exculpatory evidence under Brady v. Maryland
• Extensive coverage on Rule 16 of the Federal Rules of Criminal Procedure
• The discoverability of witness statements
• Subpoenas
• Additional federal rules and statutes which contain discovery rights and obligations
• The court's power to order discovery in criminal cases
• Ethical rules and Justice Department policies that impact the federal prosecutor's disclosure obligations
• Restriction of criminal discovery in appropriate cases
• Policy reform

This looks to be an incredibly useful book.

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New Books, Articles, and Other Materials

Sara Sun Beale, (forthcoming Ohio St J of Criminal Law), An Honest Services Debate 

Alexander Bunin (Federal Public Defender Northern District of NY), Federal Convictions Reversed  (a wonderful compilation of federal cases  from the United States Courts of Appeal and the United States Supreme Court. The opinions contain at least one point favorable to criminal defendants), Download Federal Convictions Reversed 08.2010

New Book

ABA, John W. Parry,  Criminal Mental Health and Disability Law, Evidence and Testimony: A Comprehensive Reference Manual for Lawyer, Judges and Criminal Justice Professionals

In the Literature

Daniel R. Alonso (Kaye Scholer LLP) Obtaining Testimony and Evidence from Overseas Witnesses

Busted by the Feds 8th Edition (Manual for Defendants Facing Federal Prosecution)

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New Book - Collateral Consquences

Attorney Margaret Colgate Love, who served as the Pardon Attorney in the Department of Justice before entering private practice, has a new book that focuses on collateral consequences, a topic that can be important in many white collar cases. The book is titled, "Relief from the Collateral Consequencs of Conviction: A State-by-State Resource Guide."  The brochure states:

"The guide is the first comprehensive survey of U.S. laws and practices that allow an ex-offender to overcome or mitigate the collateral legal consequences of a criminal conviction. It begins with short analytical pieces on executive pardon, judicial expungement and sealing, deferred adjudication and set-aside, certificates of rehabilitation, and laws that limit consideration of conviction in connection with employment and licensing. The heart of the guide is its detailed descriptions for each U.S. jurisdiction of available relief mechanisms and how they operate. Also included are charts that allow easy state-to-state comparisons. The guide is an invaluable resource for policymakers and researchers dealing with the legal barriers to offender reentry, and for practitioners at every level of the justice system, and for offenders who are trying to put their past behind them."

The book can be ordered here and the brochure is found here - Download brochure.334160.pdf

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