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It’s 6 a.m. and someone is pounding at your front door. You stumble out of bed, and toward the noise that woke you. But when you swing open the door, you can’t believe your eyes. Two Federal agents are standing on your front stoop, flashing their… Read More

This month, the Third Circuit decided two habeas corpus petitions, granting relief in one, United States v. Bui, –F.3d–, 2015 WL 4620059 (3d Cir. Aug. 4, 2015), and denying relief in the other, United States v. Fazio, –F.3d–,… Read More

Recently, the United States Court of Appeals for the Third Circuit confronted the question of whether the Fifth Amendment privilege against self-incrimination applies when the Government subpoenas foreign bank records under 31 C.F.R. § 1010.420. In… Read More

Recently, the Third Circuit in United States v. Edwards, — F.3d –, 2015 WL 4069280 (3d Cir. 2015), ruled that the Government’s use of post-Miranda silence during a trial to imply guilt violates the Fifth Amendment and was not harmless e… Read More