United States: Crime

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Criminal law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights from the world of criminal law covering complex topics and rulings from specialists working in this sector.
Article
"Marijuana" Rescheduling Delayed, Again. What It Could Mean, And What Comes Next
The DEA's marijuana rescheduling hearing has been unexpectedly stayed following a motion to admit a new GAO report examining agency scheduling procedures. With the proceeding on hold and the medical marijuana Schedule III order facing legal challenges in the D.C. Circuit, the cannabis industry's path to federal tax relief through rescheduling has become increasingly uncertain.
United States Cannabis
HS
Harris Sliwoski
Article
Knock-Knock: The IRS Is Calling For Exempt Organizations — Are You Ready?
According to multiple published reports, the Trump administration has directed the IRS’s Criminal Investigation Division (IRS-CI) to zero in on left-leaning exempt organizations. One of those sources, The Wall Street Journal, describes how the IRS is being reorganized to enable easier pursuit of investigations of organizations it deems politically adversarial (The Wall Street Journal, https://on.wsj.com/3N0b15J).
United States Tax
CD
Caplin & Drysdale
Article
A Look Back: The Kaveh Afrasiabi Case
In January 2021, federal prosecutors in Brooklyn unsealed a criminal complaint charging political scientist Kaveh Lotfolah Afrasiabi with conspiring to act and acting as an unregistered agent of the Iranian government under FARA. While Afrasiabi built a public persona as a respected political science professor, author, and television commentator, DOJ alleged that he was a secretly compensated employee of Tehran.
United States Criminal
CD
Caplin & Drysdale
Article
Cyber Offensive: White House Establishes New Program For Private-Sector Cyber Operations Against Foreign Cybercrime Groups
President Trump's National Security Presidential Memorandum establishes a groundbreaking program authorizing vetted private US companies to conduct cyber surveillance and offensive operations against foreign cybercrime organizations under federal government direction. The initiative creates a National Coordination Center to oversee these operations while requiring rigorous vetting, legal compliance safeguards, and coordination across intelligence and law enforcement agencies.
United States Government
S
Steptoe LLP
Article
New Massachusetts Law Expands Liability For Statutory Mandated Reporters
Massachusetts has enacted a new law criminalizing sexual conduct between mandated reporters and minors aged 16-17 over whom they exercise supervisory authority, carrying penalties up to 20 years in prison. The legislation addresses power imbalances in relationships between minors and adults in positions of authority such as teachers, coaches, and healthcare providers, even after formal supervisory roles have ended. Employers of mandated reporters must now update policies, training programs, and codes of con
United States Criminal
HK
Holland & Knight
Article
Louisiana’s Behind The Counter Protection Act Expands Workplace Violence Protections
Louisiana's Behind the Counter Protection Act, effective August 1, 2026, strengthens criminal penalties for workplace violence against retail, restaurant, and customer-facing employees. While the law doesn't mandate new compliance programs, businesses should understand how enhanced penalties for assault and battery apply to their workforce and consider integrating these protections into existing safety practices.
United States Employment
BS
Butler Snow LLP
Article
Navigating The New Presidential Memorandum On Transnational Cyber Enabled-Crime
The Trump Administration has introduced a groundbreaking framework allowing vetted U.S. cybersecurity companies to conduct government-supervised offensive cyber operations against transnational criminal organizations. This unprecedented initiative raises critical questions about liability allocation, operational oversight, and the practical implications for private-sector firms considering participation in government-directed cyber surveillance and disruption activities.
United States Government
WR
Wiley Rein
Article
Can States Favor Local Cannabis Businesses? The Supreme Court Declines To Resolve
Federal appeals courts are divided on whether states can legally favor in-state residents in their cannabis licensing programs, with some circuits applying the Dormant Commerce Clause while others exempt cannabis due to its federal illegality. The Supreme Court's recent decision to decline hearing this constitutional question leaves cannabis operators facing different rules depending on their geographic location, creating uncertainty for interstate expansion.
United States Cannabis
DM
Duane Morris LLP
Article
U.S. Supreme Court To Decide Standard For Analyzing Excessive Fines Clause Challenge
The U.S. Supreme Court will decide whether courts analyzing Eighth Amendment Excessive Fines Clause challenges should consider the gravity of a defendant's specific wrongdoing or evaluate the underlying offense purely in the abstract. This case, arising from Alaska's forfeiture of a $95,000 plane for transporting three cases of beer to a dry community, could significantly impact how courts assess whether government-imposed fines are grossly disproportional to offenses. The decision may have far-reaching imp
United States Criminal
JD
Jones Day
Article
Medical Marijuana Schedule III Litigation: The D.C. Circuit’s First Major Test
A legal battle in the D.C. Circuit Court of Appeals challenges the DEA's final order to reschedule marijuana to Schedule III, with threshold procedural questions about standing, stays, and intervention potentially determining the fate of state-legal medical marijuana programs before the court even reaches the merits of the rescheduling decision. The litigation centers on whether the Department of Justice exceeded its statutory authority and whether additional treaty-compliance regulations required formal ru
United States Criminal
HS
Harris Sliwoski
Article
Boarding The Plane Is Easy. Coming Back May Not Be: What Blanche v. Lau Means For Green Card Holders With Criminal Issues
The U.S. Supreme Court's decision in Blanche v. Lau fundamentally changes how border officers may treat lawful permanent residents with criminal histories when returning from international travel. While not every green-card holder faces immediate concern, those with pending charges, prior convictions, or unresolved criminal matters now face heightened scrutiny that could affect their reentry rights. Understanding the distinction between being treated as a returning resident versus an applicant for admission
United States Immigration
DM
Duane Morris LLP
Article
SCOTUS Increases Re-Entry Risks For Green Card Holders With Criminal History
The Supreme Court's decision in Blanche v. Lau fundamentally alters the legal landscape for green card holders with criminal histories who travel internationally. Border officers can now reclassify returning permanent residents as first-time applicants based on pending charges or past criminal conduct, stripping away critical procedural protections and potentially leading to removal proceedings. Understanding how this ruling affects re-entry rights and what steps green card holders must take before internat
United States Immigration
K
Klasko
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