Newsletters

Bribery and Financial Institutions

Bribery with respect to financial institutions is a federal offense.

Loan Sharking or Usury

Loan sharking is defined as when a borrower is charged interest above an established legal rate. Depending on the state, lenders typically cannot charge more than 60% interest per year. Loan sharking is also commonly referred to as usury.

Comments During Closing Arguments and Curative Instructions

If the defendant suspects that the prosecutor has made an inappropriate comment or remark during closing arguments, the defendant should make an immediate and contemporaneous objection. If the defendant fails to immediately object to the comment or remark, the defendant's later objection to the comment or remark will be deemed waived.

Judicial Review of Disputed Jencks Act Materials

Upon a motion by the defendant, the Jencks Act requires the Government to disclose a witness's prior statement directly relating to the witness's direct testimony. It is also required that the Government must be in possession of the prior statement. There must be a direct link between the prior statement requested and the witness's direct testimony.

Attorney-Client Privilege

Communications between an attorney and a client made during a professional meeting are considered confidential and do not have to be disclosed. The client owns this communication and therefore the client is the only individual who may waive this privilege. The purpose of this privilege is so that the client may be able to fully disclose all information to his or her attorney.