Criminal Practice

  • September 19, 2025

    NY County Says It's Immune From Immigrant Detention Suit

    Long Island officials on Friday asked a New York federal judge to throw out a class action brought by immigrants who say they were unlawfully detained past their release dates at the request of federal immigration authorities, saying local law enforcement has federal sovereign immunity when acting in cooperation with the feds.

  • September 19, 2025

    NC Atty Charged With Embezzlement, Elder Fund Exploitation

    A North Carolina attorney is facing 14 charges of embezzlement related to funds he allegedly rerouted to personal accounts that belonged to both his former law firm Walker Kiger PLLC and former clients.

  • September 19, 2025

    Pa. Court Upholds 'Geofencing' Warrant In Assault Case

    A Pennsylvania appeals court has ruled randomized phone data obtained through a search warrant served on Google was lawfully used to help convict a suspect and that the procurement of such data does not constitute an unconstitutional search.

  • September 19, 2025

    3rd Circ. Nixes Sentence's Reliance On 'Relevant Conduct'

    The window for weighing a criminal defendant's past convictions starts with the offense for which that defendant is being sentenced, even if there was "relevant conduct" earlier, a Third Circuit panel ruled Friday.

  • September 19, 2025

    Split Mass. Appeals Court Upholds Cocaine Conviction

    A man who was convicted of drug dealing after tossing cocaine and cash while fleeing police can't have the evidence against him suppressed despite arguing that he had been illegally detained by officers, Massachusetts' intermediate-level appeals court affirmed Friday in a closely split full-court decision.

  • September 19, 2025

    DNA Phenotyping May Help Police, Or Spur Racial 'Dragnets'

    Law enforcement says the relatively new science of using DNA to generate an estimation of a person's physical appearance is a powerful tool that can help lead police to suspects, but critics of the practice warn that the still-untested technology will lead to racial profiling.

  • September 19, 2025

    NC Judge Creates Bail Task Force, Citing 'Disturbing' Events

    The chief justice of the North Carolina Supreme Court has ordered that a task force be created to study whether pretrial release policies comply with relevant state laws, and help develop a new suite of court rules governing when trial judges may release defendants.

  • September 19, 2025

    DA In Gilgo Beach Killings Case Talks Advances In DNA Use

    Law360 sat down with Suffolk County, New York, District Attorney Ray Tierney, who is prosecuting architect Rex Heuermann on charges that he murdered seven women on Long Island, to discuss the use of a newer form of DNA testing that has passed rigorous admissibility standards for the first time, among other aspects of the case.

  • September 19, 2025

    Ga. Bank Pushes To Go After Law Firm Over Ex-Client's Fraud

    A Georgia bank that lost more than $8 million through bogus loan transactions is urging a Peach State appellate court to revive a claim of negligent misrepresentation against law firm Stanley Ersey & Buckley LLP, saying the trial court got it wrong when it relied on "boilerplate disclaimers" from the firm to toss the claim.

  • September 19, 2025

    Fla. Judge's Resignation Ends 'Dad Jokes' Ethics Case

    The Florida Judicial Qualifications Commission has tossed an ethics case targeting a former state court judge over "dad joke" remarks that discipline authorities referred to as "grossly inappropriate," saying the judge's subsequent departure from the bench justifies the dismissal. 

  • September 18, 2025

    NY Officials Arrested Seeking To Check Migrant Treatment

    Federal officers Thursday arrested several Democratic officials in New York who were demanding access to a Manhattan immigration holding facility under scrutiny for allegedly unconstitutional and inhumane conditions.

  • September 18, 2025

    Trump's Georgia Case: Legal Experts On What Happens Next

    The 2020 Georgia election interference case against President Donald Trump and his co-defendants may be both "dead" and costly for taxpayers, legal experts told Law360, citing the expected reluctance of most prosecutors to take over the litigation and a new state law that allows criminal defendants to recover legal fees in certain circumstances.

  • September 18, 2025

    'Virtual CFO' To Internet Scammers Gets 4 Years

    A Rhode Island man who copped to money laundering and obstructing justice in connection with claims his "virtual CFO" business helped internet fraudsters launder over $35 million was sentenced to four years behind bars, Boston prosecutors have announced.

  • September 18, 2025

    Texas Court Says Citizen Can't Intervene To Uphold Pot Law

    The citizen sponsor of a voter-approved marijuana decriminalization ordinance cannot intervene in the deal struck between the state attorney general and city of Elgin that declared the ordinance void, a Texas appeals court ruled, saying the advocate doesn't have standing.

  • September 18, 2025

    6th Circ. Allows Case Against Deputy For Attacking Man

    A Sixth Circuit panel has affirmed a lower court's ruling, finding that a Tennessee police officer who went into a man's home and hit him on Halloween in 2021 could not use qualified immunity to shield himself from liability for his actions.

  • September 18, 2025

    3rd Circ. Redefines Restitution In Gun Store Robbery Case

    The Third Circuit on Thursday issued new rules on how restitution should be calculated in criminal cases, finding that property from a gun store cannot be counted as both lost income and stolen property.

  • September 18, 2025

    Circuit Split On Felon Gun Ban Could Set Up High Court Review

    A growing divide among federal appellate courts on how a gun ban for felons fits within the U.S. Supreme Court's 2022 expansion of individuals' right to carry firearms in public could force the high court to revisit the Second Amendment.

  • September 18, 2025

    Ex-Trump Atty Says Fla. Discipline Case Is Over 'Void' Charges

    Former Trump campaign attorney Kenneth Chesebro told the Supreme Court of Florida this week to reject a push to discipline him over his conviction in Georgia's election interference racketeering case, arguing his name was cleared by a court order invalidating the charge to which he pled guilty.

  • September 18, 2025

    Legalizing Pot Leads To Transnational Crime, Congress Hears

    A U.S. House of Representatives Homeland Security subcommittee hearing Thursday on foreign criminal organizations' infiltration of stateside marijuana operations briefly pivoted into a debate about the merits of cannabis legalization writ large.

  • September 17, 2025

    Del. Judge's US Atty Application Plan Draws Blanche's Ire

    Delaware's chief district judge, a Trump appointee, is seeking applications for the state's U.S. attorney position to prepare for an upcoming vacancy in the interim position, a move that drew the ire of Deputy U.S. Attorney General Todd Blanche on Wednesday.

  • September 17, 2025

    Probationer's Speech Not A 'True Threat,' NC Panel Finds

    Statements a probationer made to a friend while stressed out and fearful over going to jail did not constitute a "true threat," so a trial court erred when it found him in violation of his probation, a North Carolina state appeals court panel ruled Wednesday.

  • September 17, 2025

    Boeing, DOJ Say FAA Fines Don't Sway Conspiracy Case

    Boeing and the federal government have told a Texas federal judge that the Federal Aviation Administration's recent proposal to fine Boeing $3.1 million for safety violations shouldn't factor into the 737 Max 8 criminal conspiracy case they're hoping to have wiped from the docket.

  • September 17, 2025

    Criminal Restitution Fails Defendants, Victims, Report Says

    Federal criminal restitution often fails to benefit victims of crime and throws defendants into a "Sisyphean struggle" with debt, with $100 billion in outstanding restitution deemed uncollectable, according to a report released this week by the National Association of Criminal Defense Lawyers.

  • September 17, 2025

    DOJ Watchdog Raises Alarm On App Use To Track Victims

    A U.S. Department of Justice watchdog has urged DOJ grant recipients to safeguard victims' personally identifiable information, so domestic abusers and members of the public can't exploit apps and social media to gain access to safe-house addresses and other data.

  • September 17, 2025

    Ex-Calif. Judge Gets 35 Years For Shooting Wife To Death

    Former California state court judge Jeffrey M. Ferguson lost his bid for a new trial Wednesday and was sentenced to 35 years to life in prison for shooting his wife to death at home in a drunken rage, with the presiding judge expressing sympathy for his "extraordinary" son who tried to save his mother's life.

Expert Analysis

  • Deportation Flights May End Up A Legal And Strategic Error

    Author Photo

    Officials in the Trump administration could face criminal contempt charges if a D.C. judge finds that they flouted his orders last weekend to halt deportation flights to El Salvador, which could ultimately make mass deportations more difficult — and proving noncompliance a self-defeating strategy, says Ethan Greenberg at Anderson Kill.

  • Mitigating The Risk Of Interacting With A Designated Cartel

    Author Photo

    There are steps companies doing business in Latin America should take to mitigate risks associated with the Trump administration's designation of several cartels as foreign terrorist organizations and the terrorism statute's material-support provisions, which may render seemingly legitimate transactions criminal, say attorneys at Covington.

  • Calif. Antitrust Bill Could Alter Enforcement Landscape

    Author Photo

    If enacted, a recently proposed California bill that would strengthen the state’s antitrust law could signal a notable shift in the U.S. enforcement environment, but questions remain about the types of cases the state could pursue, whether other states will follow suit and more, say attorneys at DLA Piper.

  • A Closer Look At Money Laundering Sentencing Issues

    Author Photo

    Federal money laundering cases are on the rise, often involving lengthy prison sentences for defendants who have little to no criminal history, but a closer look at the statistics and case law reveal some potentially valuable arguments that defense attorneys should keep in their arsenal, says Sarah Sulkowski at Gelber & Santillo.

  • Why NY May Want To Reconsider Its LLC Transparency Law

    Author Photo

    Against the backdrop of the myriad challenges to the federal Corporate Transparency Act, it may be prudent for New York to reconsider its adoption of the LLC Transparency Act, since it's unclear whether the Empire State's "baby-CTA" statute is still necessary or was passed prematurely, say attorneys at Pillsbury.

  • Considerations As Trump Admin Continues To Curtail CFPB

    Author Photo

    Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.

  • What's Potentially In Store For CFTC Under New Leadership

    Author Photo

    Under the leadership of acting U.S. Commodity Futures Trading Commission Chairman Caroline Pham, and with the nomination of former commissioner Brian Quintenz to serve as permanent chair, the commission is set to widely embrace digital assets and event contracts, say attorneys at Davis Wright.

  • 3 Ways Civil Plaintiffs Could Fill An FCPA Enforcement Gap

    Author Photo

    While the Department of Justice recently announced it would deprioritize Foreign Corrupt Practices Act investigations into U.S. businesses without obvious ties to international crime, companies should stay alert to private plaintiffs, who could fill this enforcement void — and win significant civil damages — through several legal channels, says Eric Nitz at MoloLamken.

  • Opinion

    State FCAs Should Cover Local Fund Misuse, State Tax Fraud

    Author Photo

    New Jersey and other states with similar False Claims Acts should amend them to cover misappropriated municipal funding, and state and local tax fraud, which would encourage more whistleblowers to come forward and increase their recoveries, says Kenneth Levine at Stone & Magnanini.

  • New Fla. Financial Abuse Law May See Limited Buy-In

    Author Photo

    Florida's newly effective financial protection law comes with compliance burdens and uncertainties that could discourage financial institutions from participating, even though the law aims to shield them from liability for delaying transactions when they suspect exploitation of elderly and vulnerable account holders, say attorneys at Shutts & Bowen.

  • What's Next For Russia Sanctions After Task Force Disbanded

    Author Photo

    Attorney General Pam Bondi’s recent disbanding of Task Force KleptoCapture, which was initially aimed at seizing Russian oligarchs’ funds and assets, is unlikely to mean the end of Russia sanctions enforcement and other economic countermeasures, as the architecture for criminal enforcement remains in place, say attorneys at BakerHostetler.

  • What SDNY Judge Can And Can't Do In Adams Case

    Author Photo

    The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.

  • Assessing PE Risk After Mass. False Claims Act Amendments

    Author Photo

    A law recently passed in Massachusetts amends the commonwealth's False Claims Act by dramatically expanding potential liability for private equity firms and investors, underscoring the importance of robust diligence and risk assessments for private equity firms conducting transactions in the commonwealth, say attorneys at Gibson Dunn.

  • A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts

    Author Photo

    Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.

  • The Current And Future State Of Bank-Fintech Partnerships

    Author Photo

    Though the Consumer Financial Protection Bureau under President Donald Trump seems likely to cultivate an environment friendlier to the financial services industry, bank-fintech partnerships should stay devoted to proactive compliance and be ready to adapt to regulatory shifts that may intensify scrutiny from enforcers, say attorneys at Greenberg Traurig.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Criminal Practice archive.