The U.S. Department of Justice has announced the seizure of AlphaBay, the largest criminal marketplace on the Internet, which was used to sell stolen financial information, identification documents and other personal data, computer hacking tools, drugs, firearms, and a vast number of other illegal good and services throughout the world. AlphaBay was the largest dark web market with estimated annual sales of hundreds of thousands of dollars, which made it nearly ten times the size of the infamous Silk Road dark web marketplace that was shut down by the government in 2013. AlphaBay operated as a hidden service on The Onion Router (“Tor”) network, which hid the locations of its underlying servers and the identities of its administrators, moderators, and users. Its user interface was configured like a conventional e-commerce website, where vendors could sell illegal goods or services in exchange for paying a percentage of the transaction as a commission to…
DOJ Takes Down AlphaBay, the World’s Largest Dark Web Marketplace
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Grand Theft, “Unlawful Use of a Computer System” and the Eighth Amendment
This post examines a recent opinion from the Supreme Court of South Dakota: State v. Krause, 894 N.W.2d 382 (2017). The court begins the opinion by explaining that[t]win brothers Ryan Alan Krause and Brian Michael Krause appeal the circuit court's imposition of four consecutive, two-year sentences on each brother for multiple convictions of unlawfully using a computer system. The Krauses first argue their sentences violate the Eighth Amendment's prohibition against cruel and unusual punishment. State v. Krause, supra.The Supreme Court goes on to explain how, and why, the prosecution arose:In 2014, the Krauses were both employed in information-technology positions in Milbank. Brian worked for Valley Queen Cheese, and Ryan worked for Big Stone Therapies. Valley Queen Cheese had contracted with the Xerox Company to supply toner cartridges. Under the agreement, Xerox maintained ownership of a cartridge even while it was in Valley Queen Cheese's possession. In…
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Why Banning Criminals from the Web Doesn’t Work
A few weeks ago, the Supreme Court issued a unanimous ruling in Packingham v. North Carolina, 137 S. Ct. 1730 (U.S. 2017) invalidating a state law outlawing registered sex offenders from accessing websites which could facilitate offender-minor direct communication. While the majority opinion and concurrence seems grounded in, and specific to, sex offender restrictions, the underlying characterizations and beliefs about websites has far-reaching consequences for other criminal defendants in state or federal courts. Lester Packingham pled guilty to having sex with a 13-year-old girl when he was 21. Eight years after his conviction, Lester bragged on Facebook about a happy day in traffic court, using the screen name J.R. Gerrard, and exclaiming: “Man God is Good! How about I got so much favor they dismissed the ticket before court even started? No fine, no court cost, no nothing spent…Praise be to GOD, WOW! Thanks JESUS!” Apparently…
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Donald Trump on Sessions' Russia Recusal
[Note: I wrote this Wednesday and it got stuck in draft mode] Donald Trump's recent interview with the New York Times reads like a self-pity party. He berated Attorney General Jeff Sessions for his recusal on the Russia Probe and said he... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Two notable new briefing papers on crime and punishment from the Vera Institute of Justice
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Could Prez Trump follow Prez Obama's lead by making notable and significant use of his clemency powers?
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Physician-Assisted Suicide
Netherlands MP Kees van der Staaij has this critical op-ed in the WSJ on that country's assisted suicide law.CJLF has not taken a position on this issue.
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News Scan
Ohio Murderers Seek Execution Stay: Three condemned Ohio murderers are asking U.S. Supreme Court Justice Elena Kagan to stay their executions on Eighth Amendment grounds. The Associated Press reports that after losing a ruling by a divided Sixth Circuit Court of Appeals last month, child killer Ronald Phillips is running out of time. His execution is scheduled for July 26 for the 1993 rape and murder of his girlfriend's 3-year-old daughter. If it is carried out, Phillips execution will be Ohio's first in three years. The other murderers are scheduled to be executed on September 13 and October 18. The murderers claim that the use of the sedative midazolam in the state's execution process creates an unconstitutional risk of pain. Released Criminal Assaults Police Officer: A habitual felon recently released from a California prison is facing charges of attempted murder after a Monday attack on a San Diego police…
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MLB plans to investigate domestic violence charges against Addison Russell
According to a report by the Chicago Sun-Times, the wife of the Chicago Cubs shortstop, Addison Russell, has leveled accusations of infidelity against him. Meanwhile, her friend alleged in a post on Instagram, which has since been deleted, that Russell struck his wife in the presence of the couple’s children. Russell, age 23, has denied the accusations. As a result of the allegations of domestic violence, Major League Baseball (MLB) has said it will conduct an investigation. On Wednesday, June 7, the Cubs provided a statement which indicated that the club intended to cooperate with the Commissioner’s Office during its investigation. The Cubs also said that Russell would not be in uniform until the investigation was sorted out. The MLB has implemented a new domestic violence policy, under which it issued suspensions of Aroldis Chapman, Jose Reyes, Hector Olivera and Jeurys Familia. However, in each of these cases, there was a police report. But in the case of…
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Zalkind Law’s Emma Quinn-Judge Honored as one of the 2017 Top Women of Law
We are proud to announce that partner Emma Quinn-Judge is being honored as one of the 2017 Top Women of the Law by Massachusetts Lawyers Weekly. The annual award recognizes women lawyers for outstanding accomplishments in the legal community who have distinguished themselves as leaders. Emma has a litigation practice focused on criminal defense, employment, and appeals. In her criminal defense practice, Emma has represents individuals charged with crimes ranging from disorderly conduct to murder and serious federal charges. Recently, Emma was co-counsel in a case where the jury found the client not guilty on two charges arising from a traffic stop in which police used excessive force in a local Massachusetts city. Emma has on numerous occasions helped clients get their charges dismissed altogether or substantially reduced. She is also a strong advocate on sentencing and has helped clients in federal court receive below Guideline sentences. In her employment…
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"Justice Dept. Revives Criticized Policy Allowing Assets to Be Seized"
The New York Times has this story: In amending the policy, created during the war on drugs in the 1980s and restricted in 2015 under the attorney general at the time, Eric H. Holder Jr., as part of a broad...
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Week of July 17 - 21, 2017
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Acquittal in Fayette County Parole Violation Case
The criminal justice system in Pennsylvania and across the country does not typically treat parole or probation violations lightly. Law enforcement officers, prosecutors, judges and even the population at large may predetermine your guilt if you are accused of violating the terms of your release because you were already given another chance after a mistake. Luckily, we do not live in a country where preconceived notions and assumption are evidence of guilt. If you are accused of violating parole or probation, it is vital that you review all your options and tell your story to a dedicated and highly-skilled Pennsylvania criminal defense attorney. Call Worgul Law Firm today at to schedule a free and consultation. Firearm Offense Endangers a Recent Parolee In the spring of 2016, a young man in Fayette County was recently paroled and working as a mover, when being in the wrong place at the wrong time almost sent him back to prison for a very long time. Apparently, one day…
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What mistakes should I avoid with co-parenting?
Many separating couples who have children together in Kentucky believe the hardest part of their separations is moving on. Even though their relationships with each other did not work out, they still have a commitment to their kids. Co-parenting is not always the easiest thing for many parents to do. But it is necessary for their kids to have the parental structure and support they need. For many parents, it is a learn-as-you-go process. You may initially experience a bit of trial and error with your former spouse. However, you can improve your chances of success by considering the following common co-parenting mistakes. Fighting while the kids are around There will be times where you and your ex-spouse do not see eye-to-eye about parenting issues. As tempting as it is for you to argue and fight with them, you should avoid having any altercations while your kids are around. Think about what you are really upset about and if it is worth arguing about.…
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Summer Crime, “Young Lawyers,” Martinis
Casual Friday. Summer’s heat is fully upon us. Let us take a moment for crime fiction and cocktails. For recent crime-fiction releases, take a look at Midmonth Book Notes from The Poisoned Pen bookstore. Also, here is a useful “review of reviewers” from The Rap Sheet blog. And, for the visually-oriented, The Rap Sheet has a YouTube channel. One clip I found there was for a show called “The Young Lawyers,” which ran from 1969 to 1971 and which I vaguely recall. As described by IMDb: David Barrett [a young-looking Lee J. Cobb] heads an organization in Boston that supports poor and indigent clients with the aid of young lawyers, Aaron Silverman is the young idealist, Pat Walters is the black street-smart lawyer and Chris Blake is the WASP added to balance the cast. The opening credits are outstanding, and show some sharp dressing across Harvard Yard: Management course? Inasmuch as White Collar Wire…
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LEGALIZED MARIJUANA USE PROMPTING NEED FOR ROADSIDE DRUG RECOGNITION EXPERTS
Now that recreational marijuana is legal in California, law enforcement agencies are racing to train officers in roadside drug recognition. Since pot became legal, the Orange County crime lab has seen a 40 percent increase in requests to process blood samples related to driving under the influence of marijuana arrests. Whether there actually is an increase in marijuana-influenced drivers or the cops have increased their suspicions since legalization, one thing is for sure: the roadside detection of driving under the influence of marijuana is much harder for the cops than figuring out if a driver is under the influence of alcohol. Hence, the rush to train more officers as drug recognition experts. The officers, who are trained to become drug recognition experts, receive an advanced certification which allows them to testify in court as an expert. While the specific focus on driving under the influence of marijuana is prompting the rush to certify more experts, these experts are…
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Marijuana Smugglers Using New Ford Fusions to Move Their Goods
Ah, the Ford Fusion. With apologies to those who own one, it may be the most boring car ever. Well, maybe not anymore. Ford Fusions are made in Hermosillo Mexico and then shipped to Ohio. Some of those Fusions have been carrying a secret. Turns out that numerous Fusions have been found to be carrying lots of weed—that’s marijuana for you Fusion owners—in the spare wheel well. At one Youngstown, Ohio Ford dealership, DEA agents found marijuana worth a million dollars in the wheel wells of Fusions newly shipped from Mexico. Marijuana has also been found in Fusions in 15 other cars in Ohio, and in Fusions in Pennsylvania, Minnesota, and Arizona. I guess this is giving new meaning to the term “car dealership.” Just during the two months of February and March this year, around 1,100 pounds of marijuana were discovered hidden in 22 newly manufactured Fusions coming to the US from the Mexican plant. In February, another fifteen Fusions on a railcar in St.…
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Second-Degree Murder and Extreme DUI Charges in Arizona
In a recent unpublished Arizona DUI decision, the defendant was convicted of second-degree murder, DUI, and extreme DUI. He was sentenced to 12 years’ imprisonment for the murder charge. His DUI sentence was suspended, and he was put on two five-year probation terms set to start after he served his prison sentence. The case arose shortly after 2:00 a.m. in 2014 when the defendant drove his car at between 73 mph and 93 mph into the back of the victim’s car at an intersection where the speed limit was 35 mph and there was a stop sign, which caused the victim to die of multiple blunt force injuries. The defendant had been drinking vodka at his friend’s apartment about a mile from the accident, and he couldn’t remember what happened between drinking the first drink and sitting at the accident scene. The officer who was dispatched saw that the defendant was flushed with watery eyes and that his breath smelled like alcohol. Several officers saw six out of six…
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Rosa María Palacios - ¡¡están bien botadas!!
http://larepublica.pe/politica/1064242-rosa-maria-palacios-sobre-procuradoras-bien-botadas Rosa María Palacios indica que las procuradoras están bien botadas, ¿Cuál es su fundamento? Que la procuradora Ampuero se negó a cumplir las disposiciones del DU Nº 003-2017-JUS, al afirmar tal desobediencia asumo que conoce las Resoluciones Ministeriales que primero dictaron los lineamientos de ejecución del mencionado DU y lo modificaron en tres ocasiones. Debería esta persona explicarle al País en qué lugar del Decreto de Urgencia se precisa que las procuradoras por sí y ante sí pueden hacer lo que se les da la gana. Por otro lado, podría ser que en los lineamientos y sus modificaciones que la señora Palacios DEBE conocer, imposible para un humano común y silvestre como este Abogado saber, léase mi comentario anterior y en este blog, se modifique…
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Trump Executive Action Promoting Religious Liberty
Trump Executive Action Promoting Religious Liberty Vs. 1954 Johnson Amendment By: John T. Floyd The Johnson Amendment of 1954 is a provision to the U.S Tax Code that prohibits certain political activities by religious and other non-profit organizations. According to the Johnson Amendment, religious institutions and other nonprofit organizations which receive a tax exemption are “absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf (or in opposition to) any candidate for elective public office.” In the wake of the Johnson Amendment, Congress would reaffirm and strengthened the prohibition of political activity by 501(c)(3) organizations, most recently in 1987 with the active support of President Ronald Reagan. And these prohibitions continued to enjoy support from the courts, as the D.C. Circuit Court of Appeals proved in 1999 when it held that “the government has a…
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