Barry Bonds Case Provides Lessons For Prosecutors

Law360, New York (May 7, 2015, 10:26 AM EDT) -- Last month's decision by the Ninth Circuit to vacate Barry Bonds' conviction for obstruction of justice garnered headlines. Obscured by the coverage, however, is whether the decision portends a broader, noteworthy trend: namely, appellate courts evidencing a willingness to reverse white collar jury convictions, and in the process, push back against what they may perceive, rightly or wrongly, as unjustified federal prosecutions. Bonds comes not long after the Second Circuit's decision in United States v. Newman. As in Bonds, the Newman court reversed a high-profile jury conviction, while underscoring the "doctrinal novelty" of the prosecution.[1] The decisions in Bonds and Newman may send important messages for prosecutors and defendants alike....

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