Bravo-Fernandez: Did The Court Incentivize Overcharging?

By Justin Shur and Lisa Bohl (December 7, 2016, 11:03 AM EST) -- On Nov. 29, the U.S. Supreme Court in Juan Bravo-Fernandez and Hector Martinez-Maldonado v. U.S. unanimously decided that a businessman and former politician can be retried on federal bribery charges. The Supreme Court held that a retrial would not violate the issue preclusion prong of the double jeopardy clause, even though the jury had previously acquitted the defendants of other offenses based on the same allegations underlying the bribery charges.[1] The case appears to be a setback for criminal defendants, potentially providing prosecutors with another incentive to charge overlapping counts based on a single predicate offense. But how much the case will actually affect the dynamic of charging decisions is uncertain....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!