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White Collar Criminal Defense – 1st Cir Rejects Another Gov’t Theory In “Official Act” Prosecutions
White Collar Criminal Defense By Binnall Law Group - 2016/12/20 at 12:00am
The First Circuit dealt another blow to prosecutors’ aggressive pursuit of public officials in “official act” type prosecutions. This time, RICO and mail fraud statutes were at issue in US v. Tavares. Holding that gratuity statutes should be treated more as a “scalpel” than a “meat hook,” the court held that the Government went too far in its theory of criminal liability against officials at the Massachusetts Office of the Commissioner of Probation. The officials were charged with engaging in a hiring scheme where a legislator’s favored employment candidate would be hired by the OCP in exchange for those legislators’ […]
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