2nd Circ. Ruling May Weaken Double Jeopardy Protections

Law360, New York (August 28, 2013, 12:32 PM EDT) -- On Aug. 6, 2013, the Second Circuit gave the government a second chance to prosecute a New York state politician for honest services fraud. In doing so, the court delivered two weapons to the government to use in fighting double jeopardy arguments.

The first is that the government’s decision not to prosecute a defendant under a particular theory does not mean that the government cannot later use this theory on retrial, even if the theory is under the same statute used in the original trial. The...
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