How a Floridian busted for cocaine possession may save future white collar defendants


The common-law—and common-sense—notion that we should face prosecution only when we knowingly commit a crime has been slowly eroded over the years in state and federal courts. Last month, however, a Florida judge’s ruling in a cocaine distribution case opened the door to a wider discussion of mens rea and its importance as a protection for all Americans. In my latest piece for Forbes.com, I argue that the case is especially relevant to businessmen/women, given the explosion in recent years of vague and unfair statutes by which they can become unwittingly entrapped.
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The Revolving Door at the Department of Justice

         
What happens when a federal prosecutor turns around and begins to defend the very company he disparaged as evil? And what is the impact, more generally, of the current revolving door syndrome by which so many former federal prosecutors become “white collar defense lawyers” immediately after leaving the Department of Justice
? I explore this phenomenon on Forbes.com.
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