Beginning in March 2020, the Supreme Court and the Ninth Circuit have decided several significant fraud cases clarifying the contours and applicability of the federal fraud statutes. First, the Ninth Circuit decided United States v. Miller, holding that wire fraud...
Introduction Between Reddit’s populist uprising (and eventual win) against Wall Street execs, Spike Lee’s starring role in a Coin Cloud commercial, and Dogecoin co-founder’s announcement that crypto is a scam, cryptocurrency is a hot topic. Among the many...
Background When Arthur Lange zipped past police – windows down, music blaring, horn honking – police got suspicious, and their suspicions only grew when Mr. Lange, ignoring the lights and loud commands to pull over, drove on. He pulled into his driveway and stumbled...
The Supreme Court’s recent decision in Van Buren v. United States significantly narrows the reach of the Computer Fraud and Abuse Act’s prohibition against exceeding authorization to access information. Before Van Buren, courts were split on the reach of the Act; the...
When California Penal Code 1001.83 went into effect in January 2020, it was met with little fanfare. In some ways, this was surprising - the passage of 1001.83, or Primary Caregiver Diversion, was - and continues to be - transformative piece of legislation. Why?...
The ongoing coronavirus pandemic, a new presidential administration, and shifting attitudes towards law enforcement have reshaped the way the legal system approaches mass incarceration, the War on Drugs, and gun violence. Both California and the federal government...
Introduction California’s prohibition against domestic violence consists of two statutes: domestic battery under Penal Code section 243(e)(1) and corporal injury on a spouse under 273.5(a). Even though both statutes criminalize domestic violence, the offenses - and...
Earlier this week, the United States Sentencing Commission released its annual Overview of Federal Criminal Cases. This year’s report highlighted several significant numbers, including: A 16% decrease in sentenced defendants A 14% increase in sentence modifications,...
In September 2020, Governor Newsom signed Assembly Bill (AB) 1950, which shortened the length of probation in both misdemeanor and felony cases. Under this law, probation is capped at one year for misdemeanors and two years for felonies. Of course, there are some...