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Criminal Law—Derivative Entrapment Defense Applies When Government Agent Acts Through Unsuspecting Middleman to Induce Targeted Defendant—United States v. Luisi, 482 F.3d 43 (1st Cir. 2007)

Feb 13, 2008 | Case Comments, Number 2, Print Edition, Volume 41

First Circuit Review 2008 The entrapment defense is a judicially created protection mechanism against police activity that improperly induces a non-predisposed individual to commit a crime.  In some jurisdictions, the derivative entrapment defense is available when a...

Criminal Law—First Circuit Holds Federal Courts Lack Jurisdiction to Expunge Criminal Records on Equitable Grounds—United States v. Coloian, 480 F.3d 47 (1st Cir. 2007), cert. denied, 128 S. Ct. 377 (2007)

Feb 13, 2008 | Case Comments, Number 2, Print Edition, Volume 41

First Circuit Review 2008 Federal courts have ordered the expungement of a defendant’s criminal record when the criminal proceeding was unlawful.  When the defendant bases her request for expungement on equitable grounds, however, federal courts differ on whether they...

Securities Law—First Circuit Limits Scope of “Safe Harbor” Disclosure Loophole Under Misappropriation Theory of Insider Trading—SEC v. Rocklage, 470 F.3d 1 (1st Cir. 2006)

Feb 13, 2008 | Case Comments, Number 2, Print Edition, Volume 41

First Circuit Review 2008 In Oliver Stone’s film Wall Street, Gordon Gekko’s philosophy that “greed is good” exposed the widespread corporate culture of excess and ruthlessness that defined the 1980s.  Decades before this era, Congress and the Securities and Exchange...

Administrative Law—First Circuit Decides Qualified Federal Law Enforcement Privilege Outweighs State’s Prerogative to Enforce Criminal Code—Puerto Rico v. United States, 490 F.3d 50 (1st Cir. 2007)

Feb 13, 2008 | Case Comments, Number 2, Print Edition, Volume 41

First Circuit Review 2008 In 1946, Congress enacted the Administrative Procedure Act (APA), establishing the standards under which federal courts may review the decisions of government agencies.  In addition, pursuant to the so-called housekeeping statute, agency...