Author Archives: Jay Butchko
US Department Of Justice Updates Guidance Document For Investigating Corporations Of White Collar Crimes
In June, the Department of Justice released an updated guidance document concerning the evaluation of corporate compliance programs for prosecutors of white collar crimes. The adequacy and effectiveness of a company’s compliance program is one of the factors that prosecutors are supposed to consider in determining whether to bring charges, as well as whether… Read More »
Administration Moves to Restrict US Work Visas & Other Immigration Policies
Pursuant to President Trump’s April proclamation, there are a number of expected immigration changes on horizon, many of which are not likely going through notice and comment rulemaking, and most of which are expected to significantly affect the benefits, employment, and licensing of visa holders. Specifically, under the Immigration and Nationality Act, it is… Read More »
Circumstances Warranting Criminal Charges to Be Dismissed or Dropped
One of the reasons why it is imperative that you work with the best criminal defense possible if you are facing criminal charges is because they can be dropped – and your case dismissed – under some circumstances, all of which is more likely if you are working with the right attorney. For example,… Read More »
Decades-Old New York Law Keeping Police Misconduct Records Inaccessible May Be Overturned, Transforming Criminal Defense
Police misconduct records have long been kept a secret here in New York, which inevitably affects criminal defense cases and the ability to get cases thrown out due to police violating defendants’ constitutional rights, as well as accessing information related to previous police misconduct that could affect a defendant’s guilty plea. However, due to… Read More »
US Officials’ Latest Tactics to Separate Families & Deport Back to Dangerous Countries, Potentially Orphaning Children
According to the latest reports, immigrants and their children who have not been convicted of any crimes and who are seeking asylum in the US are now potentially facing removal proceedings due to a new attempt by the administration to force them to choose between giving up their kids or giving up their legal… Read More »
If Supreme Court Reconsiders Qualified Immunity, This Could Completely Transform Criminal Defense
News headlines have been dominated by the tragedy involving George Floyd, who was killed after a police officer arrested him and kneeled on his neck while he was pinned to the ground for more than eight minutes. The death has been followed by violent protests around the country and frustration over the treatment of… Read More »
After Defendant Is Convicted for False Reporting for Crimes Committed Against Her, New York Appeals Court Reverses Charges Connected to Online Posts Under Free Speech Rights
In April, a New York Appeals court partially reversed a criminal conviction involving alleged false reporting of crimes on social media based on First Amendment free speech rights. The decision is an important one, as the Court goes to great lengths to point out that, in fact, it would be difficult to ever find… Read More »
New York Governor Cuomo Threatens Criminal Prosecution Over NYC Nursing Home Deaths, And Department of Justice Is Prepared to Follow Through
In early May, New York Governor Andrew Cuomo announced that nursing homes throughout the state will now face potential criminal prosecution for fraud if there is any evidence indicating that there has been incorrect reporting of how many coronavirus deaths have occurred on their properties. Gov. Cuomo also announced that there would be an… Read More »
Surge in COVID-19-Connected White Collar Criminal Prosecutions Expected Here In New York
A number of former New York prosecutors are predicting that significant white-collar criminal prosecutions stemming from what COVID-19 has done to the market—similar to what followed the financial crisis of 2008– are coming, even though stay-at-home orders and court shutdowns will inevitably introduce trial delays and interfere with criminal investigations as well. There could… Read More »
Immigration and Customs Enforcement Found to Be Violating the Flores Settlement by Deporting Minors
In spite of the fact that a federal judge recently ruled that deportation orders under the Remain in Mexico program do not change the government’s obligation to release immigrant children to family or sponsors in the United States under the 1997 Flores settlement agreement, Immigration and Customs Services (ICE) is still moving to deport… Read More »
