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Search resuls for: "Andrey Spektor Is A Litigation Partner At Bryan Cave Leighton Paisner"


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It’s not surprising to see that federal prosecutors, state prosecutors and New York’s attorney general are reportedly looking into Santos’ deception, and much of the public likely wants to see Santos punished for his duplicity. Yet despite the brazenness and provable nature of Santos’ lies, no one should believe that an indictment is guaranteed. Lying to the public, as Santos has, may be despicable and indefensible, but it is not a crime. Santos’ lies could be a goldmine for establishing intent and impeaching him on cross-examination at trial, and, if he is convicted, enhancing his punishment at sentencing. And there are no obvious state violations or other punishments coming for Santos unless state investigators uncover new facts.
A federal judge sentenced former Theranos CEO Elizabeth Holmes to 11 years and 3 months in prison Friday — too harsh a punishment considering the crime and the defendant. Anyone who claims Holmes received more or less than what she was “supposed to get” does not understand federal sentencing. Federal sentencing can seem arbitrary, but at bottom, it requires a humane and common sense result: Defendants must not be punished more than is absolutely necessary. Most people who are first exposed to federal sentencing — including lawyers — are bewildered by its unpredictability. Anyone who claims Holmes received more or less than what she was “supposed to get” does not understand federal sentencing.
It also shed light on the deficient representation Syed received from his counsel, who was disbarred just a year after Syed’s conviction. A judge in Maryland granted Syed a new trial, and an appellate court upheld that decision. It agreed that the performance of Syed’s trial counsel in investigating the case was unacceptable but concluded that the proof presented against Syed at trial was too strong for that deficiency to have made a difference. They have the right to see the prosecutors’ evidence before trial and to confront their witnesses in court. For convicted defendants like Syed, journalists are often the only remaining hope.
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