55 Id. at 56.
56 Muntasser’s legal team, by the time his post-trial motions were filed, consisted of a number of seasoned criminal and constitutional trial and appellate litigators, including the Boston law firm of Zalkind, Rodriguez, Lunt & Duncan, LLP; Professor Susan Estrich of the University of Southern California Law School; and Kathleen Sullivan, former Dean of the Stanford Law School and by then a partner in the litigation boutique Quinn, Emanuel, Urquhart, Oliver & Hedges, LLP. None of them were able to make much sense of the government’s innovative theory of prosecution. Indeed, the IRS obviously had its own qualms over the clarity of the particular form and its instructions to the user. In the year 2000 the IRS changed the form and attempted to clarify the instructions. This implicit recognition that something was wrong with the form and instructions did not, however, stop the Department of Justice from indicting Muntasser.
57 BNA’s Health Law Reporter, Vol. 17, No. 10, March 6, 2008, at p. 355.
58 Bench decision on Rule 29 motion, transcript at 7.
59 Id. at 9.
60 United States v. Anzalone, 766 F.2d 676 (1st Cir., 1985).
61 Case Note/Recent Cases, The Harvard Law Review, Volume No. 120, page 821 (2007), critiquing United States v. Rosen, 445 F.Supp.2d 602 (E.D. Va. 2006).
62 Michael Massing, “The Storm over the Israel Lobby,” The New York Review of Books, Vol. 53, No. 10, June 8, 2006.
63 18 U.S.C. § 793(e).
64 Jeffrey Goldberg, “Real Insiders,” The New Yorker, July 4, 2005.
65 Id.
66 United States of America v. Steven J. Rosen and Keith Weissman, Case No. 1:05cr225, United States District Court for the Eastern District of Virginia (Alexandria Division), “Memorandum Opinion” on motion to dismiss, dated August 9, 2006.
67 “Memorandum Opinion” in Rosen and Weissman case, at 51. The Morison case is reported at 844 F.2d 1057, 1988 U.S. App. LEXIS 4066 (4th Cir. 1988).
68 United States v. Rosen and Weissman (4th Cir. 2009), decided February 24, 2009. Prosecutors later dropped the prosecution in May 2009.
Conclusion:
1 Stephen G. Sozio & Earnest B. Gregory, “Growing trend: prosecution for workers’ injuries, deaths,” The National Law Journal, July 18, 2005.
2 David Barstow and Lowell Bergman, “With Little Fanfare, a New Effort to Prosecute Employers That Flout Safety Laws,” The New York Times, May 2, 2005.
3 The Wrongful Death Accountability Act, introduced by Senator Jon Corzine (D. NJ), would have established 10-year sentences for violations. See S.1272, 108th Cong. (2003).
4 A bookdealer using this email service would obtain an address ending in “@interloc. com.” Interloc was merged into Alibris, a corporation that eventually became involved in the business of dealing in used and rare books.
5 Konop v. Hawaiian Airlines, Inc., 302 F.3d 868 (9th Cir. 2002).
6 United States v. Councilman, 245 F. Supp. 2d 319 (D. Mass. 2003).
7 Id. In his written opinion, Judge Ponsor noted with irony that in Konop the federal government had supported defining the Wiretap Act to exclude from coverage any temporarily stored electronic communications. Because the prosecution’s interests in the Councilman case, where the government was the accuser rather than the potential accused, would benefit from a more inclusive and expansive interpretation, the Department of Justice “now argues that at least a portion of that [Konop] decision should be ignored.”
8 United States v. Councilman, 373 F.3d 197, 218 (1st Cir. 2004) (Lipez, dissenting). A different issue is presented when a statute or regulation gives specialized meaning to a word, in which case the dictionary or common meaning goes out the window. See, for example, the Leichter prosecution, discussed in Chapter Three. However, Councilman was not such a case.
9 Pauline Jelinek, Associated Press, “Defense Official Resigns Over Remarks,” The Washington Post, February 2, 2007, available at http://www.washingtonpost.com/wpdyn/content/article/2007/02/02/AR2007020200940.html.
10 Anthony Sebok & Spencer Weber Waller, “The Deputy Assistant Secretary of Defense Suggests A Boycott of Law Firms that Represent Guantanamo Detainees,” Findlaw.com, January 16, 2007, available at http://writ.lp.findlaw.com/commentary/20070116_waller.html (explaining why Stimson’s comments may have indicated official policy views); David Yas, Editorial, “The castigating of Cully is proud moment for lawyers,”Massachusetts Lawyers Weekly, January 22, 2007, available at http://www.masslawyersweekly.com/cully.cfm; Lisa Wangsness, “Law school deans sign letter condemning boycott: Pentagon official provoked outcry,” The Boston Globe, January 16, 2007, available at http://www.boston.com/news/local/articles/2007/01/16/law_school_deans_sign_letter_condemning_boycott/. Note that the Pentagon was quick to repudiate Stimson’s remarks when pressure came to bear. See id.;“The Best Defense,” Blog Post, Washington Wire Blog, The Wall Street Journal Online, January 12, 2007, available at http://blogs.wsj.com/washwire/2007/01/12/the-best-defense/.
11 Pauline Jelinek, Associated Press, “Defense Official Resigns Over Remarks,” The Washington Post, February 2, 2007.
12 “No Bill of Attainder or ex post facto Law shall be passed.” Article I, Section 9, Clause 3. States are prohibited from enacting such laws by Article I, Section 10, Clause 1.
13 Black’s Law Dictionary, 8th ed. (West Group, 1999), at p. 620.
14 Sorich v. United States, U.S. Supreme Court Docket No. 08-410 (February 23, 2009).
15 18 U.S.C. § 1346.
16 McNally v. United States, 483 U.S. 350 (1987).
17 Scheidler v. National Organization for Women, Inc., 547 U.S. 9 (2006).
INDEX
ABA (American Bar Association)
abortion
abuse of controlled pain-killers. See pain management, medical practice of
academics, dual citizen
accepted medical practice, standard for
ACLU (American Civil Liberties Union)
Actiq®
actus reus
Adams, John
addiction, drug
Afghanistan, Muntasser and
AFL-CIO
aggressive picketing
aggressive tax shelters
AIDS wasting syndrome
AIG (American International Group)
AIPAC (American Israel Public Affairs Committee)
Akin Gump Strauss Hauer & Feld
Aleve®
Alford, North Carolina v. (1970)
al-Hussayen, Sami Omar
Alice’s Adventures in Wonderland (Carroll)
Amazon.com
American Bar Association (ABA)
American Civil Liberties Union (ACLU)
American Gastroenterological Association
American International Group (AIG)
American Israel Public Affairs Committee (AIPAC)
American Pain Society
American Type Culture Collection (ATCC)
amphetamines
analgesics
angioplasty
Angiulo, Donato “Danny,”
Angiulo, Francesco “Frank,”
Angiulo, Gennaro “Jerry,”
Angiulo, Jason
Angiulo, Michele “Mike,”
Angiulo, Nicolo “Nick,”
anti-abortion protestors
anti-fraud laws
anti-inflammatory medicines, over-the-counter
anti-picketing laws
Anzalone, Joanne Prevost
Anzalone, Theodore
Anzalone, United States v.
Arthur Anderson, LLP
Ashcroft, John
Assange, Julian
assisted suicide
AstraZeneca
ATCC (American Type Culture Collection)
Atomic Energy Act of 1954,
atomic weaponry secrets
attorney-client privilege
Attorneys General dual role of power to make medical decisions
Avery, Bert M.
Azima, Parnaz
Bacanovic, Peter
Bache, Benjamin Franklin
Baker, Jeanne
balance of powers
bar, independent
barbiturates
Barnes & Noble
Barnett, Thomas O.
Barrionuevo, Alexei
benefit, passive acceptance of
Bennett, Dale
Bennett, Robert S.
Beria, Lavrenti
Berkshire-Hathaway
Bevilacqua, Joseph A., Jr.
Bingaman, Anne K.
bioterrorism
Black Panther Party
Black Political Task Force (BPTF)
blackmail
Blackmun, Harry
BLIPS (Bond Linked Issue Premium Structure)
Boesky, Ivan
Bokat, Stephen
Bond Linked Issue Premium Structure (BLIPS)
Bordeaux, Deborah
Boston Health Care Fraud Unit
BPTF (Black Political Task Force)
Brandeis, Louis
Branzburg v. Hays
Breeden, Richard
Breyer, Stephen
bribery
ABA and
Anzalone and
extortion vs.
Flaherty and
of judges
Martinez and
Scrushy and Siegleman and
Serono and
of state officials
TAP Pharmaceuticals and,
87–88
of witnesses,
xlvii–xlviii
Broadcom Corporation
Buffett, Warren
Bureau of Narcotics and Dangerous Drugs
Burkle, Ronald W.
Bush, George W.
business purpose doctrine
Cable News Network (CNN)
cachexia
CAE (Critical Art Ensemble)
Caldwell, Earl
Caldwell, Leslie R.
Cambria, Paul, Jr.
Campbell, James N.
capital assets
capricious prosecution
Cardoso, Silvio
Care International, Inc.
Carlat, Daniel J.
Carney, Cormac J.
Carroll, John
Carroll, Lewis
Carter, Jimmy
Casale, Robert M.
Cash Transaction Report (CTR)
cash-laundering. See money-laundering
cataplexy
catheters, heart
C.E. Maguire Company
Cedarbaum, Miriam Goldman
Central Intelligence Agency (CIA)
CHAMPUS (Civilian Health and Medical Program of the Uniformed Services)
Chanos, James
Char, Richard
checks and balances. See balance of powers
Chertoff, Michael
Chicago Tribune, espionage and
child pornography, possession of
chronic pain. See pain management, medical practice of
CIA (Central Intelligence Agency)
Cintolo, William J.
Citizenship and Immigration Services
civil contempt, news media and
civil liberties lawyers, criminal defense attorneys as
civil rights movement
civil vs. criminal prosecution
Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)
Class III medical devices
classification of drugs
Clifton, Doug
climbing the ladder. See ladder climbing
Clinton, Bill
CNN (Cable News Network)
cocaine
COCOM (Coordinating Committee on Multilateral Export Controls)
Code of Federal Regulations
coercion
Alford and
Cintolo and
DOJ and
Finneran and
judges and
KPMG and
Martinez and
Miller and
Stern, Jared Paul and
of witnesses
Cohen, Laurie P.
Cole, David
Collatos, George
Committee on Government Standards, ABA
Common Cause
common law
common law fraud
composing witness testimony
Comprehensive Drug Abuse Prevention and Control Act of 1970,
CON Board, State of Alabama
confidentiality
Congress, U.S. See U.S. Congress
conspiracy
AIG and
Anzalone and
Avery and Migliaccio and
Cintolo and
Franklin and
Gleason and
Hurwitz and
KPMG and
Lay and Skilling and
Leichter and
Martinez and
Milken and
The New York Times and
Scrushy and Siegleman and
Serono and
Singleton and
Zehe and
Constitution, U.S.
contraband, destruction of
controlled pain-killers. See pain management, medical practice of
Controlled Substances Act (CSA)
Cooper, Matthew
cooperation, citizen’s obligation of
cooperation, witness. See witness cooperation
Coordinating Committee on Multilateral Export Controls (COCOM)
Cordy, Robert J.
Cormier, Philip
corporate confidence, loss of
corporate sentencing guidelines
corruption
Martinez and
in Massachusetts
Weld and
corruption tax
Councilman, Bradford C.
Coviello, Robert
Cox, B. Elton
Cox v. Louisiana
C.R. Bard, Inc.
crafting witness testimony. See composing witness testimony
Cragan, John F.
credibility judgements, by juries
Credit Suisse First Boston (CSFB)
crimes by analogy
criminal defense attorneys, as civil liberties lawyers
criminal forfeiture allegation
criminal law, keeping pace with new developments
criminal obstruction of justice
Arthur Anderson and
Stewart, Martha, and
“Criminal Penalties for Altering Documents,”
criminal vs. civil prosecution
Critical Art Ensemble (CAE)
Crovitz, Gordon
CSA (Controlled Substances Act)
CSFB (Credit Suisse First Boston)
CTR (Cash Transaction Report)
culpable state of mind
Curley, James Michael
Dalglish, Lucy
data-mining
“date-rape” drug
Day, Samuel, Jr.
DEA (Drug Enforcement Administration)
debarment
defense information, publication of
deferred prosecution agreement, KPMG
DeGiorgio, Domenick
Delgado, Renan
Department of Commerce, dual use exported items and
Department of Defense
Department of Homeland Security
Department of Justice
ABA and
AIG and
attacks on law-abiding society
attacks on social and professional relationships
Cintolo and
Councilman and
disclosure of confidential sources
and
espionage and
First Amendment and
KPMG and
Milken and
Muntasser and
National Securities Letters and
national security and
options backdating and
Pentagon Papers and
Pfeiffer
and
“Principles of Federal Prosecution
of Business Organizations,”
Quattrone and
Rosen and Weissman and
selective prosecution by
Stewart, Martha, and
Department of State
dependence, drug
Derden, Terry
Dershowitz, Alan
destruction of contraband
destruction of documents. See document retention and destruction
DiCara, Lawrence
DiMasi, Salvatore
Dingell, John
Director of Public Prosecutions
discriminatory effect
discriminatory redistricting, Massachusetts
document retention and destruction
Arthur Anderson and
Quattrone and
Russell and
Douglas, Napoleon
Dreeben, Michael
Drexel, Burnham & Lambert
Droney, Christopher
Drug Abuse Prevention and Control Act
drug addiction
drug classifications
drug dependence
drug diversion, Fisher and
Drug Enforcement Administration (DEA)
drug patents
drug trafficking, physicians and. See pain management, medical practice of
drugs
end-of-life situations and
free samples of
generic
medical administration of pain- killing. See pain management,
medical practice of
off-label uses of,
92–94
dual citizen academics
dual use materials and equipment
Dulles, Allan W.
Duncan, David B.
earnings, illusory
eavesdropping
Edgar, Harold
educational grants, medical
Edwards v. South Carolina
Eichenwald, Kurt
Electronic Communications Privacy Act of 1986,
Electronic Privacy Information Center (EPIC)
Ellis, T.S.
Ellsberg, Daniel
emails
illegal interception of
See also document retention and
destruction
end-of-life situations
English common law. See common law
Enron Corporation
EPIC (Electronic Privacy Information Center)
equity kickers
Erbitux®
Ernst & Young
Esfandiari, Haleh
espionage
The New York Times and
news media and
Rosen and Weissman and
scholarly
Espionage Act
Estrich, Susan
ex post facto laws
excessive prosecutorial zeal, Jackson on
Exempt Organizations Division, IRS
expert advice or assistance to terrorist organizations