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The Court upheld Dr. Eastman’s claims of privilege over 440 of the 599 documents at issue. The Court also upheld in part Dr. Eastman’s argument that certain of the materials sought by the January 6th committee were protected by the First Amendment. The decision represents the first time a federal court has held that the January 6th committee’s activities infringe
As an attorney, Dr. John Eastman has the responsibility to protect the confidences of his clients to the fullest extent of the law. Dr. Eastman’s case against the January 6 committee seeks to fulfill this responsibility. It is not an attempt to “hide” documents or “obstruct” congressional investigations, as the January 6th committee falsely claims. The district court’s March 28
What is a Business Email Compromise Scheme? Business Email Compromise (BEC) schemes vary in their details and mechanics, but the gist of the scheme is that it is conducted by sending email targeting individuals or employees of companies, usually with the goal of fraudulently inducing the target to make a transfer of funds to an account or accounts controlled by
We are thrilled to announce that Michael T. Collins has joined our firm as an associate. Michael is a graduate of Duke Law School. Prior to joining B&G, Michael clerked for the Honorable Stephen S. Schwartz of the United States Court of Federal Claims, and served as a fellow at a prominent D.C. think tank. See Michael’s bio here.
Eugene Gorokhov and Jonathan Knowles represented Ahmad Linton in his motion for compassionate release. Mr. Linton had received a life sentence for murder, which Mr. Linton maintains he never committed. With the help of Burnham & Gorokhov, Mr. Linton was able to reduce his sentence to 30 years. The case is No. 98-cr-258, United States v. Stokes. The final order can be viewed
Durable Medical Equipment Fraud (“DME Fraud”) is a highly active area of Federal criminal prosecution. Last year, the FBI and the US Department of Health and Human Services Office of the Inspector General broke up and prosecuted a DME Fraud scheme alleged to have caused more than $1 billion in Medicare losses. What is Durable Medical Equipment Fraud? Under what
The Court of Appeals for the D.C. Circuit recently issued an opinion clarifying the procedures for a wrongly-accused person to seek a certificate of innocence. Such a certificate is required if that person is to be compensated for undeserved prison time. The Court of Appeals suggested that federal judges in the District of Columbia should hold an evidentiary hearing. If
On July 20, 2021, the U.S. Court of Appeals for the Fourth Circuit decided Appeal Number 20-4120, United States v. Alan Williams. Judge Rushing wrote for the Court. Judges Agee and Harris joined the opinion. In itself, the Court’s decision is not particularly interesting. Rather, what we find remarkable about it is how it illustrates the contrast between how courts
On July 21, 2021, the Court of Appeals for the Fourth Circuit decided Appeal Number 19-4466, United States v. Marysa Renee Comer. Judge Wynn wrote for the Court. Judges Keenan and Thacker joined the opinion. In a sentence, the Court approved a condition of supervised release that prohibited use of social media with permission from the U.S. Probation Office. This
Last Tuesday, June 22, 2021 the Court of Appeals for the Fourth Circuit decided United States v. Moody. This decision is unlikely to make any significant changes to legal doctrine. What is interesting about the Court’s opinion is the Court’s expression of doubt about the breadth of modern conspiracy law. The case arose when police stopped a car at roughly
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