Bravo-Fernandez: Did The Court Incentivize Overcharging?
Justin V. Shur and Lisa W. Bohl
December 7, 2016
MoloLamken attorneys Justin Shur and Lisa Bohl published an article in Law360 analyzing the Supreme Court's recent decision in Bravo-Fernandez v. United States, in which the Court held that a retrial on federal bribery charges would not infringe the double jeopardy clause's issue-preclusion prong.
Shur and Bohl note that "the case appears to be a setback for criminal defendants, potentially providing prosecutors with another incentive to charge overlapping counts based on a single predicate offense."
Read their article here.