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In this episode of For the Defense, David Oscar Markus, interviews Martin Weinberg, one of the deans of the criminal defense bar, on what it was like to represent a criminal defense lawyer (Moran) who had extremely strong views on how the case should be tried.

When Moran was charged with RICO, the most serious of federal crimes, he needed the best possible team of lawyers. He hired Martin Weinberg and Albert Krieger.

Listen To The Podcast Here

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- NACDL Past President Gerald Lefcourt
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“One of the deans of the criminal defense bar!”
- David O. Markus

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Significant Cases

Charges Dismissed U.S. v. Moffett
The case is U.S. v. Moffett, case number 22-1075, in the U.S. Court of Appeals for the First Circuit.
Successful Challenge US v Warshak
631 F3d 266 CA 6 (2010): Successful challenge to the Department of Justice’s reliance on the Stored Communications Act to seize the content of emails in violation of the Fourth Amendment
Dismissed Charges US v Handa
892 F.3d 95 (1st Cir. 2018): Dismissal of bank and wire fraud charges against business owner on Speedy Trial grounds due to delay between indictment and his arrest returning to the US from India.
Reversal of Convictions US v Tavares
(1st Cir, Dec. 2016): 1st Circuit Court of Appeals reversal of RICO and mail fraud convictions in a public corruption case.
Reversal of Conviction US v Casellas-Toro
(1st Cir, 2015): Appellate reversal of a federal false statement conviction due to a "Rare application of the presumption of prejudice resulting from pervasive publicity from prior case”
Reversal of Conviction US v Vazquez-Rivera
665 F3d 351 CA 1 (2011): Reversal of child pornography conviction based on improper admission of opinion evidence from FBI agent which prejudiced defendant’s right to a fair trial.
Acquittal US v Bravo-Fernandez
18-1358 (1st Cir, 2019): First Circuit Court of Appeals reversed a conviction of a business executive for bribing a Puerto Rico Senator holding that the Government failed to meet each essential element of proof under 18 USC 666, and ordering the entry of a judgment of acquittal.
Reversal of Conviction US v Bravo Fernandez
(722 F3d 1, 1st Cir, 2013): Federal Court of Appeals reversed conviction of a leading businessman in Puerto Rico for federal programs bribery holding that gratuities cannot, legally, be the basis for such a conviction.
Acquittal US v DiMasi
Acquittal of Richard Vitale on federal honest services charges in corruption case involving former Massachusetts Speaker of the House Salvatore DiMasi
Acquittal US v Pappathanasi
Acquittal of defendant charged with conspiracy to evade taxes in violation of 18 U.S.C. § 371.

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