What does Bill Cosby’s recent conviction mean for the current status of sexual assault cases in criminal cases, campus cases and the #MeToo movement? Cosby was first tried on the identical charges in June of 2017. That case resulted in the judge declaring a mistrial after the jury deadlocked, unable to reach a verdict for six days. But at the retrial in April of this year, the jury took only two days to return a guilty verdict. What changed? Everything. Let’s examine the legal changes and the changes in the world since the first trial. The Legal View Legally, the case was a completely different case the second time around. In the first trial, the judge allowed only a single witness, besides the complainant, to testify as to an alleged similar assault that Cosby had supposedly done. Although there were up to 19 potential women who could have offered such...
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The film Abacus: Small Enough to Jail disturbed me in a number of ways. As a Chinese American, it pained me to see immigrants like my own parents being prosecuted unfairly. And as a former prosecutor turned defense counsel, it reminded me of the inequities inherent in our criminal justice system. Nominated for an Oscar in the category of Best Documentary Feature, Abacus tells the story of the five-year battle fought by the Chinese American Sung family against the prosecution of their family owned bank in Chinatown, New York City. In the aftermath of the financial crisis caused by mortgage defaults in 2008, this small family-owned community bank became the only bank in the United States which was criminally charged. That’s right. The only one. The giant corporate banks that had cost Fannie Mae and taxpayers trillions of dollars in losses were not prosecuted. But this one small...
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Sexual misconduct charges have exploded across our society from college campuses to the federal judiciary. No area of life is off-limits and nor should it be since sexual misconduct, ranging from sexual assault to sexual harassment has been tolerated for far too long in our society. But with every positive comes a negative and the stakes for a person accused of sexual misconduct have never been higher. Left un-defended, allegations of sexual misconduct will easily derail careers, potential careers and your means of earning a livelihood. If you are facing allegations of sexual misconduct you need to immediately take action. Waiting can be fatal to your reputation and your livelihood. Here are three action steps: Identify the source Preserve evidence Develop a legal strategy Identifying the Source You need to know who is accusing you and how many people may accuse you. Don’t assume that the source you are hearing...
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The number one rule if you are accused of sexual assault on or campus is: do not communicate with whoever is accusing you. It’s natural inclination to want to make the situation better or explain yourself to the accuser, but communication can be construed as retaliation or further misconduct. Remember, communication is not just by speaking, calling, or texting. It also includes social media messaging such as through Facebook, Twitter, Snapchat, or Instagram. Even if you want to say some kind words or apologize, you need to avoid any communication. If you have been accused of sexual assault on or off campus, contacting an experienced student defense attorney can help make sure your side of the story gets told. Contact DC Student Defense today! VIDEO TRANSCRIPTION Hi, I'm Shanlon Wu with DC Student Defense. If you are accused of a sexual assault on campus or off-campus, the most important...
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After dropping off my daughter at school this morning, I heard the radio station play the excerpt of F.D.R.’s address to Congress on December 7,1941. Listening to that aristocratic nasally alliteration intoning about a day that “shall live in infamy,” made me think about how our generation reacted to the attacks on 9/11. Would history judge Guantanamo Bay, the extraordinary renditions, the torture interrogations in the same light as FDR’s imprisonment of American citizens in concentration camps based upon their race? Looking back in time from 2017 to 1941, the use of Executive Order 9066 to imprison tens of thousands of innocent American citizens, depriving them of their homes, businesses, destroying their life, liberty and property seems blatantly wrong. The nearly half-century it took for the United States to admit error and make reparations to the remaining elderly survivors seems too little and much too late. It’s a no-brainer for...
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Yuli Gurriel’s “slant-eye” gesture and racist epithet during the World Series requires immediate suspension. Gurriel, playing for the Houston Astros, directed his hateful racist gesture and epithet towards an opposing player, Yu Darvish, who was pitching for the L.A. Dodgers. The Houston Astros hastily tried to do damage control by making Gurriel available to reporters after the game. The Astros quickly shut Gurriel up when his remarks made it clear that he fully understood the derogatory nature of his actions and epithet. Gurriel referred to the fact that he had played baseball in Japan and knew (his words” “THEY don’t like that” – referring to his use of a racist epithet for Asians. The press access was quickly ended. So what should be done? The answer is easy: suspend him. Now. Take away his ability to play in the World Series. Why? Because what he did cannot be undone. For...
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Two former high-ranking executives at a defense contracting company in Singapore will spend the next few years behind bars for overbilling the U.S. Navy roughly $35 million for servicing ships in Asia. It’s known as the “Fat Leonard” scandal, because the company involved in the fraud is Glenn Marine Group, which is owned by Leonard Glenn “Fat Leonard” Francis. The two executives are Linda Raja and Neil Peterson, both of whom lived in Singapore. Raja was sentenced to 46 months, or almost four years, while Peterson got 70 months, or almost six years. They were arrested in Singapore in October of 2016. The two high-ranking executives pleaded guilty to one count each of conspiracy to defraud the United States via false claims. How did the “Fat Leonard” scam work? Here’s a breakdown of how the mega military contractor defrauded the government: Peterson, Raja and other managers at Glenn Marine Group...
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The recent criminal trial of Bill Cosby made headlines across the world, and many were shocked to see that jurors were “hopelessly deadlocked” and a mistrial was declared. Cosby was charged with drugging and molesting Andrea Constand in 2004, but Constand is only one of more than 60 women who have come forward in recent years and accused Cosby of drugging or assaulting them -- or both. Constand, however, is the only one who is still able to pursue criminal charges because of statutes of limitation, and she said she’s willing to testify again if and when prosecutors bring the Cosby case back to trial. Defense attorneys for Cosby might argue that there’s no point in bringing the case back for a costly and time-consuming trial since there’s likely no new evidence to be presented. But Shan Wu, a former federal prosecutor and highly respected defense attorney in Washington, D.C.,...
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“Is it too late?” All too often, I get this question from a parent whose college student son or daughter has already been suspended or expelled for a Title IX violation, plagiarism accusation, or other student conduct code or academic honor code violation. While it might seem obvious that a lawyer is needed if your son or daughter is accused of campus sexual assault or cheating, the reality is both students and families forego getting college student defense legal advice. Why? Here are some of the reasons parents and students give for failing to seek legal advice for a university discipline hearing: We Thought the School Would Be Fair Fairness, like beauty, is in the eye of the beholder, but consider this: fair “trials,” “legal proceedings,” and “investigations” are conducted by lawyers, judges (who are lawyers) and professional criminal investigators (police and other law enforcement). These professionals have…
George Bernard Shaw’s play “Man and Superman” contains the famous line: “Remember: those who can, do; those who can’t teach.” The same may be said for Title IX consultants who offer training for colleges and universities in how to conduct Title IX campus sexual assault investigations. Title IX investigations should be conducted by Title IX investigators who have been trained by former sexual assault investigators, not consultants who merely instruct how to “comply” with Title IX law and guidance issued by the Department of Education. Similarly, training for Title IX hearing panels should be conducted by Title IX trainers who are experienced sexual assault investigators. Investigating a sexual assault is not the same as investigating sexual harassment. The skills and experience needed for Title IX campus sexual assault investigations do overlap with the skills and experience needed for criminal sexual assault investigations. But the overlap works this way: …
