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Third Update - Petition For Rehearing: May a Trial Court Prohibit Criticizing the Government During Defense Summation?
A special thanks to the many of you who have been following the issue we've raised on appeal in the Second Circuit in U.S v. Pippins, regarding whether a trial judge can prohibit defense counsel from criticizing the government during summation. This was only one of the six issues we raised on appeal but it's the one that has most stuck in my craw, since courts routinely permit the government to sharply criticize defense counsel. It's just another example of the courts applyin
Richard Levitt
33 minutes ago2 min read


Defending Against Cryptocurrency Charges in New York
As cryptocurrency continues to dominate financial markets and attract mainstream investors, law enforcement agencies and federal prosecutors have stepped up efforts to combat crypto-related crimes. The digital gold rush has reached a tipping point in New York. As of early 2026, the "Wild West" era of cryptocurrency is being met with a sophisticated and aggressive enforcement response from both federal and state prosecutors. If you are being investigatged for allegations relat
Nicholas Kaizer
2 days ago4 min read


Oh Sh*t! I've Been Served! What To Do When You've Been Served With A Federal Grand Jury Subpoena
Grand jury representation is a niche area of criminal practice. Years ago we interviewed a new client who had been recently charged by the feds after testifying before the grand jury. He looked befuddled, explaining his lawyer - who practiced principally in New York State courts - had told him to testify in the grand jury pursuant to a subpoena, because he would thereby take an "immunity bath," that is, he'd automatically be granted immunity. So what happened? How was he char
Richard Levitt
7 days ago13 min read


Second Update: The Guardrails Remain Off: Defense Counsel Can't Criticize the Government During Summation
Well, it was just a few days ago that I wrote about oral argument in U.S. v. Pippins , an appeal that raised no less than six substantial issues, including whether the trial court properly interrupted defense counsel's summation and made him cleanse his argument and PowerPoint slides of any criticism of the government for using "sneaky" tactics to "train" the jurors. Yesterday, a panel of the Court issued a summary order affirming our client's conviction. The Court's discussi
Richard Levitt
Feb 44 min read
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