Thursday, May 17, 2012

Updates related to Harvey's book Three Felonies a Day, a critical take on the Justice Department

Archive by Years

Interview on CBS Boston, NightSide with Dan Rea


Listen to the radio interview on the CBS Boston site, in which I discuss, among other topics, the dangerous elasticity of wire fraud and mail fraud, or listen to the embedded audio after the jump.

Wall Street Journal editorial shines light on overcriminalization, statutory vagueness


Three Felonies a Day is front-and-center in an editorial in The Wall Street Journal today, "A Fewer Felonies Rule." Underscoring the need for more common sense in the federal criminal code, the editorial praises a bipartisan effort to require all bills to be reviewed by the Judiciary Committee, after a study found that some 450 new federal laws were created from 2000-2007, many of which lacked basic mens rea requirements.

In his book "Three Felonies a Day," attorney Harvey Silverglate describes how the proliferation of criminal statutes has made every American an unwitting felon. That's one reason some prominent legal minds want House Republicans to make a simple rule change to subject new criminal laws to greater scrutiny.

Read the full editorial here.

[End of post.]

ABA Journal connects the dots in "Aggressive Justice" feature


One of the major hurdles in addressing the problem laid out in Three Felonies a Day--the abuse of vague laws by hard-charging U.S. Attorneys--is the tendency of legal analysts to treat prosecutorial abuse with tunnel vision. That is, criticism is often levied in piecemeal fashion, and only when an individual's sacred ox is gored. But Anna Stolley Persky provides a shining exception: a panoramic view of prosecutorial abuse, "Aggressive Justice," featured in the current edition of the ABA Journal.



[Excerpts after the jump]

WAMU Radio: Defining Fraud: Could You Be Guilty?

On the Kojo Nnamdi Show (WAMU - American University Radio), Harvey examines the vaguness of federal law, the recent "honest-services" Supreme Court hearings,  and the cold comfort of relying on prosecutorial discretion. Guests include Adam Liptak of The New York Times, and Randall Eliason, former chief of the Public Corruption section of the U.S. Attorney's office in Washington, D.C. (Image opens NPR audio player in new window)

[End of post]



On 'Honest Services' Fraud case, New York Times columnist quotes TFD


Today's New York Times features an article on a federal law that typifies the problem laid out in Three Felonies a Day. Known as "Honest Services" Fraud, this elastic, 28-word statute has been used by U.S. Attorneys to criminalize all manner and kind of activity, ranging from political corruption to sharp-elbowed business practices. What the Supreme Court will soon decide, Adam Liptak writes, is whether the law is unconstitutionally vague. My take: It unquestionably is.

The honest services law is but one example of what Harvey A. Silverglate, a civil liberties lawyer in Boston, calls “an over-criminalization problem.” His new book, “Three Felonies a Day: How the Feds Target the Innocent,” argues that the average American professional unwittingly commits several serious crimes each day.

“Even the most intelligent and informed citizen (including lawyers and judges, for that matter),” Mr. Silverglate writes, “cannot predict with any reasonable assurance whether a wide range of seemingly ordinary activities might be regarded by federal prosecutors as felonies.”

[End of post]

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