Publications
Over the last several years there has been a dramatic change in the
practice of white collar criminal defense. The highly publicized
corporate scandals involving Enron, WorldCom, and others, and the federal
government's reaction to those events have resulted in an enormous shift
of power away from protecting corporate employees' rights.
After the passage of the Sarbanes-Oxley legislation and the Justice
Department's issuance of the so-called Thompson Memorandum, the focus
has been on enhancing the power of big government and protecting the
existence of big corporations. continue...
In criminal cases, appellate counsel must carefully consider the
proper procedural form in which to raise potential arguments.
In Florida criminal appeals, claims raised and rejected on direct appeal
or claims that should have been, but were not raised on direct appeal
are barred. They cannot later be asserted in a motion for
post-conviction relief brought under Florida Rule of Criminal Procedure
3.850. However, not every colorable argument should be raised for the
first time on direct appeal.
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