2017 Weinberg in the News

Teamster chief plans to plead Fifth if called

Boston Herald | July 19, 2017

The Teamster chief whose members are charged with extorting a reality TV show in a case linked to City Hall will plead the Fifth if called to testify when the trial of four of his members begins later this month, a federal court filing states.

Martin G. Weinberg, attorney for Teamsters Local 25 president Sean M. O’Brien, declined to comment yesterday on the disclosure made Friday by lawyers for John Fidler, Daniel Redmond, Robert Cafarelli and Michael Ross.

“The issue is premature,” Weinberg told the Herald. “It may well be a non-issue since neither side has subpoenaed Mr. O’Brien. Besides, the U.S. Supreme Court has made absolutely clear that the Fifth Amendment is the refuge of the innocent, not just the guilty.” Read more

Mass. Judge Delays Ex-State Street Exec's Fraud Trial

By Jon Hill | Law360 | New York | July 10, 2017, 10:37 PM EDT

A former State Street Global Markets LLC executive accused of charging clients hidden commissions on securities trades will have more time to gather the evidence he says is necessary for his defense …

"Given that pivotal and potentially exculpatory foreign evidence remains unavailable to the defendant, the court properly determined that a trial continuance was in the interests of justice," McLellan's attorney, Martin G. Weinberg, told Law360 in an email. Read more

Irregular verdict form still an issue in pharmacist case

By Kris Olson | Massachursetts Lawyers Weekly | May 25, 2017

Irregularities on the verdict form on which New England Compounding Center coowner and head pharmacist Barry J. Cadden was acquitted of 25 counts of second degree murder are unusual and noteworthy, local attorneys say. …

Boston defense attorney Martin G. Weinberg, however, thinks the form indicates not a lack of unanimity, but suggests instead that the number next to “guilty” merely represents jurors leaning in that direction but ultimately agreeing that prosecutors had not proven their case beyond a reasonable doubt. Read more

 

Weinberg quoted as an expert
Was justice for Bella washed away?

By Nestor Ramos | GLOBE STAFF | JUNE 08, 2017

Were it not for the water, justice might have come easier for Bella Bond.

Had investigators found her in the Maxwell Street apartment where prosecutors say she died — had they seen the bruises and measured their sizes and shapes — then perhaps there would have been no deal for her mother’s tarnished testimony. … 

That left District Attorney Dan Conley’s office with three bad options, said Martin G. Weinberg, a Boston criminal defense lawyer. Read more

2016 Weinberg in the News

Fed court: Carmen Ortiz ‘overstepped’ in probation case

By O'Ryan Johnson | Boston Herald | December 20, 2016

CONVICTIONS TOSSED: A federal appeals court overturned the convictions of William Burke, ElizabethTavares and former state Probation Commissioner John O’Brien, and said U.S. Attorney Carmen M. Ortiz,above, overstepped her bounds. …

Weinberg said the decision shows, “It’s up to the state to set the limits on ethics issues, on hiring practices.The hammer of federal prosecution ought to be reserved for federal interests.” Read more

Appeals court overturns convictions in Probation Department scandal

By Milton Valencia GLOBE STAFF | 

In a direct rebuke to federal prosecutors, a United States appeals court in Boston on Monday threw out the 2014 convictions of three former Probation Department officials who were accused of rigging their department’s hiring system for their own political gain — saying that while their actions may be judged distasteful, they were not a federal crime. …

“Today’s opinion provides protection for state public officials from an overextension of federal criminal law,”Weinberg said. “What McDonnell [case] did is basically elevate the criteria for federal criminalization ofstate political conduct, it elevated the threshold requirements, and this case did the same.” Read more

US Attorney Carmen M. Ortiz announces resignation

By Milton Valencia GLOBE STAFF | 

US Attorney Carmen M. Ortiz, who oversaw cases against the Marathon bomber and gangster James “Whitey” Bulger, announced Wednesday that she will step down next month after seven years as the top federal prosecutor in Massachusetts. …

Martin Weinberg, a Boston-based attorney who battled Ortiz in several high-profile cases, including theprobation case, represented Swartz. Weinberg said he has disagreed with many of Ortiz’s decisions, but said her overall tenure should be recognized for her sound judgment.

“In many of these less media-driven and less high-profile cases, she’s made the right calls,” he said, noting times that Ortiz chose not to prosecute cases. Read more

Ortiz Successor Faces Uphill Climb In Mass. Corruption Cases

By Law360, Boston | 

… Martin Weinberg, an attorney for O'Brien co-defendant Elizabeth Tavares, said the O'Brien decision will send a signal, like McDonnell before it.

“I think the overall takeaway from the synergy of these two cases, McDonnell and Tavares, is that when prosecutors construct a theory that goes outside the very core of federal statutes, courts are going to scrutinize whether or not the evidence matches the purposes of the federal criminal law,” Weinberg said. Read more

US prosecutors considering appeal of Probation ruling

By Milton Valencia GLOBE STAFF | 

… “I think it’s routine that the Department of Justice would want to review any decision of the profound importance to the construction of federal criminal law as this one, so I’m not surprised,” Weinberg said, adding that “I’m very optimistic that [the case] would withstand” any further review. Read more

 

Lobbyist McDonough could face new, stringent probation conditions

By Milton J. Valencia GLOBE STAFF | 

Richard McDonough, the lobbyist convicted of public corruption, succeeded in getting out of prison early after completing a drug-rehabilitation program — but he could face some tougher new probation conditions he did not expect. …

After a hearing in November, Wolf questioned whether Bureau of Prisons officials followed proper protocol in confirming McDonough’s history of alcohol abuse. Prison officials responded that they would not alter their decision to release McDonough early, however. McDonough’s lawyer, Martin Weinberg, said all proper procedures had been followed for McDonough to gain acceptance to the rehabilitation program. Read more

Federal judge questions DiMasi codefendant’s upcoming release

By Milton J. Valencia GLOBE STAFF | 

A federal judge questioned Wednesday whether an accomplice of convicted House speaker Salvatore F.DiMasi’s falsely claimed to prison officials that he had a drug addiction so he could be released from   to a year earlier than scheduled. …

Martin Weinberg, an attorney who represented McDonough in the appeal of his conviction, said McDonough legitimately took part in a “national program that helps people rehabilitate.” Read more

Teamsters’ appeal could define line for union advocacy

By Milton J. Valencia GLOBE STAFF | 

A federal appeals court on Tuesday questioned whether the alleged union strong-arm tactics that have been the basis for recent federal prosecutions and investigations — including one tied to City Hall — constitute the crime of extortion or whether they fall within the historically protected rights of unions to organize and protest. 

… “It provides the first opportunity to address the difficult dynamic between protections given by the Supreme Court, and the scope of [federal extortion laws],” said Martin Weinberg, a Boston lawyer who has followed the local union cases. “This is an important case in part because it has the potential to set a precedent that affects other cases.” Read more

Court queries legal teams in appeal
of probation case

By Shelley Murphy GLOBE STAFF | 

…Tavares’s attorney, Martin G. Weinberg, argued Monday that the judge who presided over the trial committed reversible error by allowing jurors to ask an unprecedented number of questions of witnesses. The jury submitted 281 questions to US District Judge William G. Young during 35 days of testimony and Young allowed 180 of those questions to be asked of witnesses.

Weinberg said jurors became “an inquisitorial body,” which assisted the prosecution with its questions and “disrupted the delicate dynamic of a criminal trial.” Read more

Supreme Court’s corruption
decision could affect Mass. cases

By Shelley Murphy GLOBE STAFF | 

A Supreme Court ruling that has made it more difficult to prosecute public officials for corruption could affect a wide range of cases in Massachusetts …

The McDonnell decision “warned against federal involvement ‘in setting standards’ of ‘good government for local and state officials,’ ” attorneys Martin G. Weinberg and Kimberly Homan, who represent Tavares, wrote in a July 12 brief to the US First Circuit Court of Appeals. “The government’s prosecution of the defendants in this case crossed that line.” Read more

Lawyers of convicted probation
officials allege juror misconduct

By Milton J. Valencia | Boston Globe Staff | January 22, 2016

"Alleged juror wrongdoing in the 2014 federal trial involving corruption in the state probation department was disclosed in depth for the first time this week, as part of the appeals of the three state probation executives who were convicted of racketeering and mail fraud for running the department like a criminal enterprise."

…" 'Permitting juror questioning risks both turning jurors into advocates, compromising their neutrality, and encouraging premature evaluation of the evidence. Those dangers were realized in this case,' Martin Weinberg and Kimberly Homan, attorneys for Tavares, argued in the appeal.

'The number and types of the questions posed by jurors, who enthusiastically embraced the court’s invitation to question witnesses, show a jury that had lost sight of its required role as a neutral factfinder and became an investigative/inquisitorial body, fatally tainting the fairness of this trial.' " Read more

 

DAs: Locked phones hamper local cases

Waiting for a bite of the Apple

By Antonio Planas | Boston Herald | March 4, 2016

Defense Attorney Martin Weinberg said he and other local lawyers also are monitoring the Apple case. “The real risk is not a single, dramatic terrorist case,” Weinberg said. “Once one court allows it, the government will predictably go back to the case. The precedent will be applied in ordinary criminal law cases to the detriment of people’s expectations of privacy.” Read more

 

Attorneys predict top Massachusetts legal news of 2016

By Kris Olson | Massachusetts Lawyers Weekly| January 7, 2016

Weinberg's prediction: "The historic efforts to begin to reverse the excesses of the War on Crime and War on Drugs of the 1980s as a matter of both federal and state law with a greater focus on the dismantling of the minimum mandatory sentence structure, the substitution of treatment for incarceration for minor drug offenses, …" Read more

Killer Legal radio interview

Published on Mar 1, 2016

Marty Weinberg / Master of the Law / "The Law is a Movie, Not a Still Photo" / A 2 Part Series - Part 1 / Killer Legal Reality Radio Interviews a True Master of the Law - Marty Weinberg - a Trial Attorney with a Nationwide Reputation for Excellence. Marty Takes us Through Law School Working With the Youngest Tenured Law Professor in the History of Harvard, Allen Dershowitz, and the Ideals and Attitudes Marty Has Lived by that Have Rewarded Him With a Stellar Career and a Reputation That Rivals Everyone.

 

Published on Mar 1, 2016

Marty Weinberg / Master of the Law / "The Law is a Movie, Not a Still Photo" / A 2 Part Series - Part 2 / Killer Legal Reality Radio Interviews a True Master of the Law - Marty Weinberg.

2015 Weinberg in News

Venue ruling may impact Tsarnaev
By Kris Olson | Massachusetts Lawyers Weekly | December 8, 2015

"In a decision with possible implications for an appeal by Boston Marathon bomber Dzhokhar Tsarnaev, the 1st U.S. Circuit Court of Appeals reversed the conviction of a Puerto Rican man tried in federal court on charges of making false statements to a federal officer in the immediate aftermath of a state court jury finding him guilty of murdering his wife in a related case."

…"Boston lawyers Martin G. Weinberg and Kimberly Homan represented Casellas-Toro. Weinberg called the decision 'a win for the right to an impartial jury.' Given the paucity of decisions on the issue, he called the ruling a 'significant contribution to the jurisprudence' on when a defendant has a constitutuional right to a change of venue." Read more

Puerto Rican Murderer's case may influence Tsarnaev appeal
1st Circuit addresses venue questions in U.S. v. Casellas

By Kris Olson | Massachusetts Lawyers Weekly | August 20, 2015

A petition argued Aug. 18 before the 1st U.S. Circuit Court of Appeals on behalf of a notorious Puerto Rican murderer may provide some clues as to how receptive the same court will be to the appeals of Boston Marathon bomber Dzhokhar Tsarnaev.

Boston attorney Martin G. Weinberg argued that his client's Sixth Amendment right to an impartial jury was violated because at least nine jurors in his federal case knew that Pablo Casellas had been tried in State court …

"So notorious had Casellas become and so incited were the emotions of the public that when news of Casellas' murder conviction was announced at a major [baseball game] … just two-and-a half months prior to the voir dire in [the federal] case, the game stopped while the stands erumpted in a raucous celebration," Weinberg and co-counsel Kimberly Homan wrote in their appellate brief. Read more

Dzhokhar Tsarnaev Is Guilty on All 30 Counts in
Boston Marathon Bombing

By KATHARINE Q. SEELYE | New York TImes | APRIL 8, 2015

Martin G. Weinberg, a prominent defense lawyer in Boston, said that theguilty verdicts had been pre­ordained by the defense team’s admission at theoutset that Mr. Tsarnaev was involved, and that he did not see them as anunexpected setback. Read more 

Defense Looks for Ways to Make Admitted
Boston Bomber More Sympathetic

Defense lawyers are doing what they can for the man they admit was a Boston Marathon bomber. Dzhokhar Tsarnaev is on trial.
NPR's Tovia Smith reports, Martin Weinberg is interviewed. Read more

 

Despite similarities, trials for Aurora shooting and Boston Bombing have one important difference

The State Column, Ella Vincent | January 20, 2015

… A Boston defense lawyer, Martin Weinberg, said it’s imperative to have the trial in Boston.“If we don’t want military tribunals, if we don’t want Guantanamo Bay, we have to demonstrate in Boston – or wherever it’s moved – that this criminal justice system can give this most unpopular man avery fair trial,” said Weinberg. Read more

Dzhokhar Tsarnaev Trial Set to Start Despite Attempts to Delay Proceedings
Experts believe that the jury selection process for the case could be difficult.

By Susan | Boston Daily | January 2, 2015

… Veteran Boston-area defense attorney Martin Weinberg said if he was handling Tsarnaev’s case, he wouldn’t rule out people who had been exposed to the bombing. “You don’t want a jury who has never read the paper, seen the TV, or doesn’t even know about the marathon bombing. That would not be a fair cross section of the community,” he said. “Really what you’re hunting for is a juror that can really divorce themselves from the media. It’s very rare for an appellate court to disrupt a trial.”

But Weinberg said it’s possible Tsarnaev will appeal on the basis that the jury selection was unfair, after the months long trial is over. Read more

An ‘all-star team’ to defend accused Boston bomber Tsarnaev 
Prosecutors have pursued an aggressive case against Dzhokhar Tsarnaev, so the opposition will have to be formidable, experts say.

By Henry Glass | Christian Scientist Monitor | January 2, 2015

Martin Weinberg, a Boston defense lawyer, calls Clarke a “terrific choice.”

“In a case when the system needs to work at its best, at its highest, there’s a call to bring in an out-of-state specialist,” Mr. Weinberg says. “Mr. Tsarnaev is going to get a terrific defense, and that is what the system requires.” Read more  

 

City official wasn’t part of Teamsters’ Top Chef
shakedown, investigation finds

The three-month, $60,000 investigation conducted by a former federal prosecutor found that a city tourism official gave a “friendly heads-up” to two businesses who were going to see picketing if they hosted Top Chef.

By Allison Manning @allymanning | Boston.com Staff | December 28, 2015

A city of Boston tourism official acted on his own and not as part of an extortion scheme when he gave a “friendly heads-up” about planned union protests to two city hotspots scheduled to host the reality show Top Chef , a former federal prosecutor hired by the city found. …

O’Brien was one of four people who declined to speak to Kelly as part of his investigation. His lawyer, Martin Weinberg, told Boston.com Monday that he made the decision not to have O’Brien talk to Kelly, and that the union head had no issues with Walsh appearing on the show. Read more

Nevada orders fantasy sports sites to
shut down

DraftKings, FanDuel ruled to be gambling

By Callum Borchers and Shelley Murphy | BOSTON GLOBE STAFF | OCTOBER 15, 2015

Martin G. Weinberg, a Boston criminal defense lawyer who has represented Internet sports gamblers, said the federal investigation into DraftKings and other fantasy sports companies is venturing into uncharted legal territory. "The heart of this investigation will rest in the great legal wilderness of whether the model of fantasy sports fits gambling on sports events or whether it is closer to a test of skill that’s outside the ambit of the law," he said. Read more

 

Why are feds involved in 'hate crime' case?

By Andy Metzger | State House News Service | August 21, 2015

Tim Flaherty, a Cambridge attorney and the son of the former speaker of the House, offered advice to a Malden limousine driver three months ago that he might as well have given to himself.

In this early stage of the case, Flaherty's lawyers - Martin Weinberg, Thomas Butters and Matthew Thompson - are trying to gather information to show that federal prosecutors wouldn't have normally gotten involved in the road rage case, thereby calling into question whether Flaherty interfered with a genuine federal investigation. Read more

Defense lawyer turns to stats in bid to clear Timothy Flaherty

By Brandon Gee | Massachusetts Lawyers Weekly | July 23, 2015

Boston’s Martin G. Weinberg is employing an interesting bit of data analysis in an attempt to scuttle the federal prosecution of fellow prominent criminal defense lawyer Timothy R. Flaherty of Cambridge. Read more

Volume of juror questions at issue in ‘O’Brien’ appeal

By Brandon Gee | Massachusetts Lawyers Weekly | January 8, 2015

The 1st U.S. Circuit Court of Appeals is being asked to consider, for the first time in more than two decades, the propriety of jurors asking questions of witnesses during a criminal trial.

… “All told, the jury submitted 281 questions, of which the court asked about 180,” states the motion filed by Tavares’ appellate attorney, Boston’s Martin G. Weinberg. “The number … and types of questions asked by the jury removed the jury from its proper function as a neutral factfinding body and transformed it into an inquisitorial body, more in the nature of a grand jury rather than a petit jury, fatally compromising Ms. Tavares’ right to a fair trial.”

In an interview, Weinberg said that “where jurors aren’t just the finders of the facts, but the elicitors of the facts,” the practice unfairly changes the dynamics of the trial. Read more

Prison delayed for O’Brien, Tavares in probation scandal
Corruption case sentences put on hold for appeals

By   | GLOBE STAFF | JANUARY 09, 2015

Martin G. Weinberg, a lawyer for Tavares who joined the defense team after the trial and spearheaded the appeal, also welcomed the news.

“Today’s decision reinforces our position that the appeal of the probation conviction presents important, substantial, and in some cases unprecedented issues to the court of appeals,” Weinberg said. “I’m excited for Liz Tavares and greatly satisfied by this decision.” Read more

 

Unusually long Hernandez trial
appears headed for fast wrap-up

By  | GLOBE STAFF | APRIL 6, 2015

… “There is nothing typical about the intensity of the Hernandez prosecution and defense,” Weinberg said. “This is a circumstantial case, and the defense is challenging virtually every piece of evidence. So you have an unusually active and impassioned defense team, and an unusually intensive and wideranging prosecution.” Read more

End of jury selection near in Aaron Hernandez case

By  | GLOBE STAFF | JANUARY 23, 2015

… Martin G. Weinberg, a prominent Boston defense lawyer, said it is not unusual for defendants to be “deeply involved” in selecting jurors who will decide their fates.

“No one is better than a bright, perceptive defendant at intuiting which potential jurors can relate best to his history, his defense, his underlying humanity,” Weinberg wrote in an e-mail. Read more

In Hernandez case, status of Bristol DA put in doubt
Unintended snag for trial after Baker revokes all of Patrick’s 11th hour appointments

By Frank Phillips | GLOBE STAFF | JANUARY 14, 2015

… “These are profound and important issues as to whether or not the case can proceed in face of the risk of a judicial action that could question the current authority of the prosecutor,” said Martin G. Weinberg, a veteran Boston criminal attorney.

He called the situation “fascinating.” Read more

Aaron Hernandez prosecution may have been derailed unknowingly by new Massachusetts governor

Published January 14, 2015 | Fox News Latino

… However the situation works out, it could provide an opening for Hernandez’s defense, the Boston criminal attorney Martin G. Weinberg believes.

Weinberg told the Globe, “These are profound and important issues as to whether or not the case can proceed in face of the risk of a judicial action that could question the current authority of the prosecutor.” Read more

 

U.S. judge may unseal Epstein sex­ crime plea deal records

By Brendan Pierson |Reuters | Fri, Jan 16 2015

Epstein's legal team plans to file a brief early next week laying out its argument in favor of keeping the documents sealed,Epstein attorney Martin Weinberg said in an email on Friday. Read more

 

Hawthorne Inn building goes up for auction Feb. 6

By Jesse Buchanan |  RecordJournal Staff | January 21, 2015

… Attorney Martin G. Weinberg, of Boston, represents Bokhari and said his client has pleaded not guilty to the charges. Bokhari’s customers were responsible for the fraud charges leveled against Bokhari, according to Weinberg. Read more

 

Lawyers of the Year Interview

Marty edit 0133sm

Selected by his peers as one of the best criminal trial and appeals lawyers in the country for over 25 consecutive years, Martin G. Weinberg was honored in 2011 when named one of the top 10 "Lawyers of the Year" in Massachusetts by Massachusetts Lawyers Weekly. The following appeared in the special publication honoring this award.
Massachusetts Lawyers Weekly_ Martin G. Weinberg.pdf

malwlogoslice

10 Top Lawyers of the Year 2011:
Interview with Martin G. Weinberg

Tue, January 3, 2012 

By David E. Frank

House Speaker Salvatore F. DiMasi’s honest-services fraud conviction was the fact that his co-defendant, accountant Richard Vitale, walked out of the courtroom a free man.

Vitale, DiMasi and lobbyist Richard McDonough were accused of conspiring to award lucrative state contracts to a Burlington-based software company in exchange for illegal kickbacks.

With veteran criminal defense attorney Martin G. Weinberg at his side, Vitale sat in U.S. District Court Chief Judge Mark L. Wolf’s packed courtroom on June 15 and wept as a jury found him not guilty on all charges.

Read more: Lawyers of the Year Interview

Bringing the Fourth Amendment into the 21st century

malwlogoslice

Bringing the Fourth Amendment into the 21st century

Published: 5:41 pm Thu, December 20, 2012 5:41 pm Thu, December 20, 2012
By Martin G. Weinberg and Robert M. Goldstein Massachusetts Lawyers Weekly

Marty LawyersWeeklyThe New York Times recently reported that the Senate Judiciary Committee has approved a bill “that would strengthen privacy protection for e-mails by requiring law enforcement officials to obtain a warrant from a judge in most cases before gaining access to messages in individual accounts stored electronically.”

According to The Times, U.S. Sen. Patrick Leahy, an architect of the 1986 Electronic Communications Privacy Act, is leading the effort to revise the statute, believing that emails stored by third parties should receive the same protection as papers stored in a filing cabinet in an individual’s house.

“Like many Americans, I am concerned about the growing and unwelcome intrusions into our private lives in cyberspace,” Leahy said in The Times piece. “I also understand that we must update our digital privacy laws to keep pace with the rapid advances in technology.”

Leahy’s bill, which is being opposed by the U.S. Department of Justice, would generally require prosecutors to obtain a search warrant from a judge, under the stricter probable-cause standard, to compel a communications provider to turn over all categories of emails and other private documents.

Notably absent from the present dialogue is the fact that this matter has already been decided, adversely to the DOJ, by the 6th U.S. Circuit Court of Appeals in United States v. Warshak, a matter we litigated.

In a decision issued in December 2010, the 6th Circuit ruled that the government violates a citizen’s Fourth Amendment rights when it seizes emails from a citizen’s Internet Service Provider without first securing a warrant, at least when the citizen exhibits a subjective expectation of privacy in those emails.

Characterizing the issue as “one of grave import and enduring consequence,” the court held, as a general matter, that a subscriber does indeed enjoy “a reasonable expectation of privacy in the contents of emails ‘that are stored with, or sent or received through, a commercial ISP.’”

Given that foundational ruling, the court held that the “government may not compel a commercial ISP to turn over the contents of a subscriber’s emails without first obtaining a warrant based on probable cause,” and the Stored Communications Act is therefore unconstitutional “to the extent [it] purports to permit the government to obtain such emails warrantlessly.”

The DOJ should not be permitted to ignore the consequence of Warshak, nor should the present discourse proceed without discussion of the 6th Circuit’s important opinion.

The DOJ fully participated in the Warshak appeal, dispatching prosecutors from their Computer Crime Section in Washington, D.C., to litigate the issue, and then deliberately chose not to seek Supreme Court review of the decision of the 6th Circuit, a court with a reputation for being decidedly conservative.

Leahy is profoundly correct in seeking to amend the statute so that the DOJ can no longer ignore the bedrock principles articulated by the 6th Circuit. Clearly, the “balance” struck by Congress in the nascent stages of our technology revolution, when email and the Internet were still relatively new and used by few people, is not automatically the “balance” that should be drawn when, as now, email has evolved into the principal method of communication chosen by Americans.

And, ultimately, it is not a question of balance at all, but what the Fourth Amendment requires in the context of the seizure and search of the content of private ISP-stored emails.

Like a sealed or resealed first-class letter, or a document stored in a closed filing cabinet, an email stored on an ISP’s server is a closed container in which an individual has a strong, reasonable expectation of privacy, as the Sixth Circuit concluded in Warshak.

Consequently, in accord with more than a century of Supreme Court jurisprudence, emails stored within an ISP server are entitled to all of the protections afforded by the Fourth Amendment’s imperatives of probable cause, particularization and a judicially authorized warrant.

While one would have hoped Warshak would have terminated the government’s past practice of circumventing the requirements of particularization, probable cause and a warrant through the use of secret subpoenas or court orders, its opposition to Leahy’s amendment and its recent, apparently warrantless, acquisition of General Petraeus’ confidential emails clearly indicate otherwise. Legislative action is therefore imperative.

The comments of 6th Circuit Judge Boyce Martin bear repeating here: “If I were to tell James Otis and John Adams that a citizen’s private correspondence is now potentially subject to ex parte and unannounced searches by the government without a warrant supported by probable cause, what would they say? Probably nothing, they would be left speechless.”

Martin G. Weinberg and Robert M. Goldstein are Boston criminal defense attorneys who successfully litigated the Fourth Amendment decision in United States v. Warshak

Weinberg in the News

Weinberg in the News 2017

Weinberg in the News 2016
Weinberg in the News 2015

 

The New York Times and The Boston Globe
"Martin Weinberg, a prominent criminal defense lawyer in Boston"

 

Stay no longer a certainty in joint SEC investigations

By: David E. Frank | Massachusetts Lawyers Weekly | May 15, 2014

… Despite Wolf’s conclusion that the SEC and criminal matters were sufficiently unrelated, Boston lawyer Martin G.Weinberg said he could not envision a circumstance in which he would instruct a client to be deposed with an indictment pending.

“Even with a client who’s truthful and could fully testify, it would be devastating in a parallel prosecution to essentially provide the U.S. Attorney’s Office a detailed script of what his testimony will be by sitting down for a deposition withthe SEC,” Weinberg said.

The veteran criminal defense lawyer added that most people are more concerned about their liberty over licensing and money, and few have the resources and energy to defend two federal matters at the same time. Read more

Victims win right to see negotiations that led to 'lenient' plea agreement for billionaire sex offender

By Brett Clarkson, Sun Sentinel | April 21, 2014

Weinberg said he was concerned about the potential impact the ruling would have on the ability of criminal defense attorneys and prosecutors to communicate confidentially. 

He also said he and Epstein co-counsel, Miami criminal defense attorney Roy Black, will ask the Atlanta-based appeals court to review the decision. Read more

 

Swartz case prompts debate over cyber law

By Peter Schworm and Shelley Murphy | The Boston Globe | January 25, 2013

The suicide of Aaron Swartz, the Internet pioneer and free-information activist, touched off accusations that federal prosecutors abused their power by seeking a long sentence and stiff fine against him for hacking into the MIT network. But the case may say as much about problems with federal cyber crime law as it does prosecutorial judgment, say those familiar with the law. …

Boston lawyer Martin Weinberg, who was one of Swartz’s lawyers, said the sentencing guidelines federal courts rely on are “Draconian and dehumanizing’’ because in whitecollar cases, including computer fraud, sentences hinge largely on the amount of financial loss. Read more

Aftermath of Aaron Swartz's suicide
Did US Attorney Carmen Ortiz hound Swartz?
Martin Weinberg, Swartz' attorney, weighs in during an interview with New England Cable News Broadside with Jim Braude.

(NECN) - The attorney for an internet activist who committed suicide is on the offensive as federal prosecutors come under fire for how they handled the case.

Twenty-six-year-old Aaron Swartz, who was also a Reddit co-founder, committed suicide Jan. 11 following his 2011 indictment for allegedly downloading nearly 5 million academic articles from MIT's computer network. Swartz's family and supporters say he was driven to suicide by the threat of a prison sentence and the pressure to make a plea bargain.

Martin Weinberg, Swartz's attorney until Fall 2012, says the problem is the sentencing guidelines that hovered over his deceased client's head.

"… the Aaron Swartz case was a paradigm. Greed, monetary motives were not in any respect Aaron's objective in doing what he is alleged to have done," Weinberg said. "Instead, he had political and moral agenda, yet was subject to these coercive and even draconian guidelines that threatened to, after trial if imposed, to extinguish half a decade of his life warehoused in a federal jail." Read more and see the interview

Interview with Weinberg on WGBH-tv
about Swartz and the criminal justice system

See the interview

 

Harassment via Internet a crime, SJC rules
Decision upholds conviction of pair who targeted neighbors in Andover

By Evan Allen | GLOBE STAFF OCTOBER 11, 2014

Martin G. Weinberg, a Boston defense lawyer who has litigated cybercrime cases, said in an e-mail that the ruling helps define criminal conduct in the realm of Internet communications.

“Judges nationwide, from the Supreme Court to the state courts, have an historic challenge oftaking a Bill of Rights written in the 18th century and making it meaningful in a very differentworld of computers and technology,” Weinberg wrote. Read more

Technology Companies Are Pressing Congress to Bolster Privacy Protections

By ELENA SCHNEIDER | The New York Times | MAY 26, 2014

"...The United States Court of Appeals for the Sixth Circuit, in Cincinnati, ruled in 2010 that part of the Electronic Communications Privacy Act was unconstitutional. Since the decision, most major technology companies have required a search warrant for customers’ content." Read more

Updating an E-Mail Law From the Last Century

By SOMINI SENGUPTA | The New York Times April | 24, 2013

Steven Warshak, a Cincinnati businessman who built an empire selling male sexual enhancement drugs, was convicted of wire fraud several years ago, based in large part on his e-mail correspondence, which authorities had extracted via a subpoena under a 1986 law governing electronic privacy.

But a federal appeals court in Ohio later found that the government had violated Mr. Warshak’s constitutional right to privacy [Martin Weinberg served as Counsel for Warshak in this landmark decision]. The court said investigators should have convinced a judge that there was probable cause and obtained a search warrant, as though his messages had been stashed in a desk drawer. Although the court let the conviction stand, the case highlighted the conflicting legal rules that govern electronic privacy.

Congress is now set to clarify those rules, bringing that quarter-century-old law, the Electronic Communications Privacy Act, or E.C.P.A., in line with the Internet age. Read more

Court Weighs Second Retrial Over Flawed Closing Arguments

Sheri Qualters | The National Law Journal | July 11, 2013

"… [T]his was a close case. A very close case," Weinberg said.

… Weinberg said Carpenter never rebuffed any investors who asked how he was generating the returns. Also, he said, the contracts drove Carpenter’s responsibilities to investors, because the investors spoke to a sales agent, not him.

"He exercised discretion to invest. If he was wrong, that’s a civil matter," Weinberg said. Read more

6th Circuit decision chills e-mail seizures
Expected to impact prosecutors in Mass.

By David E. Frank | masslawyersweekly.com | April 11, 2011

Two Boston lawyers who have won a landmark 6th U.S. Circuit Court of Appeals case say the ruling should spell the end of a longstanding practive in Massachursetts and across the country of federal prosecutors seizing e-mails without warrants. Read full article

 

Bulger Guilty in Gangland Crimes, Including Murder

By KATHARINE Q. SEELYE | The New York Times | August 12, 2013

… "The verdict reflects a jury methodically navigating through the charges," said Martin Weinberg, a prominent criminal defense lawyer in Boston. Read more

With long odds, Bulger will have his day in court

By Shelley Murphy | GLOBE STAFF | JUNE 2, 2013 

… “Racketeering gives the government a unique advantage to package different types of crimes that otherwise could not be charged together,” said Martin Weinberg, a prominent Boston criminal defense attorney. Read more

Read more articles on Weinberg's analysis of the Bulger case

 

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Boston Marathon bombing: Can Tsarnaev get a fair trial in Boston? (+video)

By Henry Glass, staff writer, Christian Science Monitor | December 18, 2014

… It’s “a very difficult call in terms of balancing [that] essential importance,” of having a trial in the community where the offense occurred, “versus the imperative of making sure there are fair jurors to judge this case,” says Martin Weinberg, a prominent Boston defense lawyer.

Mr. Weinberg calls the Tsarnaev case a “litmus test” for the federal criminal justice system – particularly of its ability to prosecute domestic terrorism.

“If we don’t want military tribunals, if we don’t want Guantanamo Bay, we have to demonstrate in Boston – or wherever it’s moved – that this criminal justice system can give this most unpopular man a very fair trial,” he says. See video and read more

Why the Robel Phillipos Verdict Could Be Bad for
Dzhokhar Tsarnaev's Defense

By Eric Levenson | Boston.com Staff | October 18, 2014

Jurors’ lengthy deliberation in the trial of Robel Phillipos, friend of accused Boston Marathon bomber Dzhokhar Tsarnaev, could be used to argue Tsarnaev’s case can, in fact, be fairly adjudicated in Boston.

… “An argument could be made that a Boston jury was not swept away by the horror of the marathon bomb and gave their consideration to the facts of this case,” Boston defense lawyer Martin G. Weinberg said. “Had this been driven by emotionality you would have expected a faster verdict.”

Weinberg was one of several legal experts who said the extended deliberations and split verdicts in Phillipos’s trial proved that Boston jurors could fairly judge a case concerning the deadly bombings. Read more with video; read more (pdf)

Analysts divided over Phillipos's marijuana defense

By Evan Allen | GLOBE STAFF OCTOBER 11, 2014

… Martin G. Weinberg, a prominent criminal defense lawyer in Boston, said there are three possible defenses for a lying charge: It is not a lie; it’s ambiguous whether it is a lie; or the lie was not deliberate. The marijuana assertion, he said, cuts across multiple defenses.

“It sounds like they’re saying he was equivalent to a sleepwalker,” Weinberg said. “Smoking marijuana is not a defense to most crimes. But if you’re unconscious, it is a defense. And this defense seems closer to the latter.” Read more

PODCAST: Martin Weinberg on discovery feud in ‘Tsarnaev

David Frank 10-23-2013

Lawyers in the Dzhokhar Tsarnaev case have spent the past few months doing what lawyers in federal court have been doing for ages: fighting about discovery.

They’re now asking U.S. District Court Judge George O’Toole Jr. to rule on a defense request for an order that would require the prosecution to turn over additional materials it believes are relevant to the case. One of the things Tsarnaev’s team wants is more information about a 2011 Waltham homicide, in which Tsarnaev’s brother, Tamerlan, was allegedly involved.

In today’s PODCAST, Boston defense attorney Martin G. Weinberg says he was surprised by the government’s response to the discovery dispute, given what’s at stake in U.S. v Tsarnaev.

“[Tsarnaev] is one of the litmus test cases that demonstrates that defendants such as the Boston bombing defendant can get a fair trial in a civilian court pursuant to all of the procedures that are applicable to anyone who is charged,” he say. “It surprises me that the government is not just essentially giving an open file at the earliest possible time. The U.S attorney must believe that they have a trustworthy case. Why cause doubt by reducing the universe of discovery that’s made available to the defense team?” Hear the Podcast

Angry sergeant releases Tsarnaev photos

By Travis Andersen and Nikita Lalwani | GLOBE STAFF AND GLOBE CORRESPONDENT JULY 19, 2013

A State Police sergeant, incensed by the controversial Rolling Stone magazine cover of accused Boston Marathon bomber Dzhokhar Tsarnaev, has released dramatic photographs of the apprehension of the accused terrorist to a local magazine without permission from his agency.

… And Martin G. Weinberg, a prominent Boston defense lawyer, said Tsarnaev’s trial will test whether the American justice system can handle a terrorism case. The leaked photographs “infect” that process, he said.

“This is a profoundly serious experiment in American justice,” he said. “Can we give a fair trial to the least popular man in the Commonwealth of Massachusetts? I’m sure we can, but why make it more difficult?” Read more

 

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McGovern: Aaron Hernandez's winning streak snapped
Judge denies two defense motions on jury selection

By Bob McGovern | Boston Harald  | Tuesday, December 23, 2014

… “How does a judge, exploring bias, extract that from a juror without being too explicit?” asked Martin Weinberg, a criminal defense attorney not involved in the case. “The judge can’t ask about the other chargesbecause that plants the seed. The questions need to be artfully designed to get the maximum amount ofinformation.” Read more

Winchester man tells reporters he 'murdered' his mother

By Jeremy C. Fox | Globe Correspondent  | October 29, 2014

WINCHESTER — A Winchester man charged in the brutal beating death of his 70-year-old mother dramatically confessed to the crime outside police headquarters Tuesday night, as he was returned to Massachusetts from North Carolina to face justice.

Martin G. Weinberg, a prominent Boston defense lawyer, said in an e-mail that by confessing, McAveeney has “eliminated the defense of ‘not guilty’ by admitting the murder to the public.” Weinberg said the remaining question is whether McAveeney can avoid a first-degree murder conviction, which carries a life sentence without parole.

“Certainly [there is] no suggestion of coercion, or a ‘false confession’ when he just spontaneously announces to a reporter that he committed the charged murder,” he said.  Read more  

Middletown Man Charged With Avoiding Taxes On Tobacco Sales

By Bill Leukhardt | The Courant  | October 20, 2014

A tobacco wholesaler with businesses in Berlin, Hamden, Danbury, Massachusetts and a large distribution warehouse in Pennsylvania faces federal charges that he cheated Connecticut and Massachusetts of an estimated $43 million in tobacco tax revenue.

… "The basis of the charges are the failures of certain of his customers to pay state taxes on tobacco products received from Mr Bokhari's business," Weinberg said Monday. "Mr. Bokhari is not responsible for his customers" tax compliance and intends to vigorously contest each and every charge." Read more

Surveillance images may shape Hernandez case

By Travis Andersen | GLOBE Staff  | June  26, 2013

… But even in the face of daunting circumstantial evidence, video or otherwise, defense lawyers have a powerful weapon in their arsenal, the presumption of innocence, said Martin Weinberg, a prominent Boston attorney whose former clients include notorious hitman John Martorano.

“Remember, if there’s a single reasonable doubt, a single break in the chain of circumstances, that is enough under the criminal justice system to end the charges,” Weinberg said. “If any part of a link in the chain is compelling, you accept it and then you try to de-link other pieces of the chain that are less compelling.” Read more

Bribery Statute Doesn't Cover Gratuities, 1st Circ. Says

By Kurt Orzeck | Law360.com | June  27, 2013

… Martin G. Weinberg, who is representing Bravo, said Wednesday that he and co-counsel David Z. Chesnoff of Chesnoff & Schonfeld were “gratified” by the reversals of Bravo's conviction.

“[We are also gratified by] the Court of Appeals' eloquent and compelling opinion holding that the gratuity theory of criminal liability will not support a conviction under 18 USC 666, one of the statutes most frequently relied upon in federal prosecutions of state and local public officials,” he said. Read more

 

Probation case focus on lawmakers may backfire
Some wonder why legislators not indicted

By Milton J. Valencia | GLOBE STAFF JULY 14, 2014

… “It’s a wider, overarching theory of a crime, and if the prosecutors are dependent on a quid pro quo theory, the defendants will drill home that there’s no proof that any public official participated,” said Martin Weinberg, a prominent defense attorney from Boston. “The government has to prove what it charges.” Read more

Witnesses display allegiance in probation trial
Some probation testimony hostile

By Milton J. Valencia | GLOBE STAFF JULY 07, 2014

Martin Weinberg, a Boston defense attorney, said jurors can tell when witnesses aren’t being cooperative, and the goal for the lawyers in the case is to make sure the witness looks aggressive, not the questioner.

“You don’t need the words, the testimony,” Weinberg said. “Juries can be just as impressed by testimony that is evasive, that’s not responsive, that’s inflammatory, and you try to elicit that from the witness.”

He added, “The goal is . . . to get the jury to understand that the witness, because of their bias … is not looking the jury in the eye and telling them the honest truth.” Read more

 

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Probation official seeks to stay out of prison pending appeal

By Milton J. Valencia | Globe Staff | Dec 13, 2014

… “She’s not a risk of flight, she’s clearly not a danger, and the issues raised by thisunprecedented trial are significant enough” to postpone her prison sentence, herlawyer, Martin Weinberg, said Friday. Read more 

The record needs setting straight in the Vitale case

By Martin G. Weinberg | The Boston Globe Letters | Nov 15, 2014

THE PROSECUTION of my former client Richard Vitale became a campaign issue in the recentlyconcluded gubernatorial election. I want to set forth an accurate recitation of the facts of the case. Read more

Supporters praise convicted former probation chief O’Brien
Judge prepares sentences in probation case

By Milton J. Valencia | Globe Staff | Nov 12, 2014

… The practice of submitting support letters from family members, friends, and colleagues is common. Martin Weinberg, a Bostonbased attorney, said that judges are not bound by sentencing guidelines, and lawyers seek such letters to help a judge see their clients as their family members and friends know them.

“It’s a way to humanize them, a way for a judge to receive information about who the offender is beforehand in contrast to information about the offense,” Weinberg said. “Lawyers submit letters to make their clients threedimensional, to help communicate their humanity and background and entire universe of life that is outside the confines of an indictment and a defense.” Read more

‘Co-conspirators’ list in John J. O’Brien trial a shocker

By Laurel J. Sweet, O’Ryan Johnson | Boston Herald | Thursday, May 8, 2014

Attorney Martin G. Weinberg, former director of the National Association of Criminal Defense Lawyers who won the only acquittal of three defendants — accountant Richard Vitale — in the federal public corruption trial of former House Speaker Salvatore F. DiMasi, said the prosecution’s shocking disclosure “certainly opens the door to the defense to argue to the jury that decent, ethical, principled public figures committed acts that they clearly don’t believe violated federal law and neither did the defendants.

“It lets them say, ‘Look, nobody understands where the lines are being drawn, and it’s quite possible the government has drawn them in the wrong place,” Weinberg said.

Weinberg does not know who is on the list, but suspects those individuals’ lawyers brokered immunity deals in exchange for their testimony — which prosecutors will have to divulge if they testify. Read more

Lawyers: Conviction vs. OʼBrien unlikely

By Erin Smith and Laurel J. Sweet | Boston Herald | Friday, April 26, 2013

Federal prosecutors next up at bat in pursuit of former Probation Chief John “Jack” OʼBrien are likely to strike out in trying to get a jury to criminally convict him, experts said.

“The government in these cases needs to have proof that there was an exchange of money for official acts. And that wasnʼt charged,” said Boston defense attorney Martin Weinberg. “I think even charging OʼBrien with these classical political favors is taking federal corruption cases to a new frontier.” Read more

Former House speaker DiMasi, co-defendant,
seek Supreme Court review of their convictions

By Martin Finucane | The Boston Globe | Dec. 23, 2013

Convicted former House speaker Salvatore F. DiMasi and co-defendant Richard W. McDonough are seeking a review of their case by the US Supreme Court, their attorneys said today.

The two have filed petitions for a writ of certiorari — requests for the court to take up their case, said Thomas R. Kiley and Martin Weinberg, the lawyers for DiMasi and McDonough, respectively. Read more

DiMasi Appeal to Test Ruling on Bribery

High court has redefined fraud

By Milton J. Valencia | The Boston Globe | Feb. 3, 2013

… “This appeal raises important and novel issues that will help define the circumstances under which a United States attorney can bring prosecutions against state legislators and lobbyists,” said Martin Weinberg, who is representing McDonough before the Appeals Court. Weinberg also represented a defendant who had been acquitted at the trial and has conducted much of the legal review of the Skilling standard. Read more

1st Circuit takes DiMasi case under advisement

By David E. Frank
masslawyersweekly.com

Tue, February 5, 2013

Martin G. Weinberg, who represents McDonough, argued to the panel that the trial judge, U.S. District Court’s Mark L. Wolf, failed to instruct the jury that gratuities, or payments made “in the hope of” future favorable action, are not covered under the law. Read more

Court asked to void DiMasi conviction

By Milton J. Valencia | The Boston Globe | Feb. 5, 2013

… ““There was a complete failure to instruct on what constitutes lobbying,” said lawyer Martin Weinberg … Read more

Weinberg to lead lobbyist appeal

State House News Service
Aug 29, 2011

Richard McDonough, the longtime Beacon Hill lobbyist convicted alongside House Speaker Salvatore DiMasi in June on a string of corruption charges, has tapped veteran defense attorney Martin Weinberg to lead his appeal through the federal court system, the News Service learned Monday. Read more

Alan Dershowitz stepping down at Harvard Law

By Matt Rocheleau | Boston Globe Staff | December 14, 2013

… Martin G. Weinberg, a prominent Boston attorney, was a student of Dershowitz and later worked alongside him as a co-counsel on several big cases, including defending the group known as the Chicago Eight, later known as the Chicago Seven, who were accused of conspiring to incite riots during the 1968 Democratic National Convention.

“For 50 years, he’s consistently defended the rights of the least popular citizens of the United States of America,” Weinberg said by phone Friday. “Few people can be counted on to take the right side of something so consistently and no matter how unpopular it is. He’s the most courageous advocate I know, to both clients and causes.”

Weinberg said Dershowitz, a Brooklyn native, is most proud and focused on passing on knowledge. “He was the mentor and the guiding light for any students during my generation who wanted to be criminal defense lawyers or trial lawyers,” Weinberg said.

Weinberg was among a group of former colleagues, students, judges, and legal analysts who gathered at Harvard Law School in early October to celebrate Dershowitz. Read more

Alan Dershowitz: ‘Never boring’

Retiring professor reflects on his half century at the Law School, and his robust public life

By Christina Pazzanese, Harvard Staff Writer
October 4, 2013

… Martin Weinberg, J.D. ’71, now a noted Boston defense attorney, studied under Dershowitz and later worked as co-counsel on several high-profile cases. He credits Dershowitz as an important mentor to many criminal defense lawyers and for demonstrating another career path to HLS students.

“Back 45 years ago, there were very few students who were driven toward criminal law,” Weinberg said in a phone interview. “The school had so many graduates who went to Wall Street and went into clerkships, and Alan was just a blazing example of somebody who could make criminal law and constitutional law part of their lives.” Read more

Dershowitz on his retirement:

'It's rare to have a profession where you can have such continuing influence.'

By Dick Dahl, Harvard Law School
October 30, 2013

… As a member of a panel examining Dershowitz's influence on the law, Boston criminal-defense lawyer Martin Weinberg '71 recalled coming to HLS as a first-year student in 1968, during the Vietnam War and a time of deep social unrest, intent on being a trial lawyer who would fight against the government but finding little support in the law school to guide him in meeting his professional goal.

"In 1968, there was no Gertner, no Ogletree," he said. "Alan was the single role model, the mentor, the lodestar for those of us who came not to be Wall Street lawyers but to be trial lawyers and to learn how to defend people's liberty."

Forty-five years later, the celebration provided Weinberg with an opportunity to publicly thank Dershowitz for his help then and his ongoing work supporting the criminal-defense bar.

"You have allowed us to be braver," he said. "You have allowed us to know that in this lonely battle, where a single defense lawyer stands up next to a charged citizen that we are not alone, that we have a rock to lean on." Read more 
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Héctor Martínez y Juan Bravo piden revocación del veredicto del jurado

Weinberg-Bravo 20121101 notnotras 3497307viernes, 2 de noviembre de 2012
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Photo: The attorneys Martin Weinberg and Abbe Lowell argued that former Senator Hector Martinez was not a government official as defined in the statute 666

El ex senador Héctor Martínez Maldonado y el empresario Juan Bravo, quienes han cumplido siete meses de una condena de cuatro años por cargos de soborno y conspiración, solicitaron ayer a un panel de jueces del Tribunal de Circuito de Apelaciones de Boston que se revoque el veredicto del jurado.
Read more

Mark Wolf to step down as chief US judge
But will continue in senior status

The Boston Globe
October 16, 2012

US District Chief Judge Mark L. Wolf, known for bringing a keen legal mind to some of the highest-­profile cases the state has seen in recent years, announced Tuesday that he will step down from full-time status after 27 years on the bench.

Wolf said in a letter to President Obama that he will take senior status at the beginning of 2013, when his rotating tenure as chief judge for the district of Massachusetts ends. US District Judge Patti B. ­Saris is slated to become the next chief judge.
Martin Weinberg, a prominent defense attorney who has tried significant cases before Wolf over the last two decades, said in an interview that Wolf is known for his work ethic “to get it right.”

Read more

‘Not guilty’ not end of the road for Cahill co-defendant

December 13, 2012
By Mass. Lawyers Weekly Staff

A Dec. 11 not-guilty verdict was an early Christmas present for Scott Campbell, but the holidays won’t be completely stress-free for the former chief of staff to Timothy P. Cahill. …

Weinberg says the prospect of back-to-back trials is one he wouldn’t wish on anyone. “It is an ordeal to be on trial; it is the ultimate ordeal to face consecutive trials,” Weinberg says. “It’s just a withering, exhausting challenge to somebody’s courage and inner strength.”

Three months after the not-guilty in federal court, Weinberg was able to arrive at a resolution on Vitale’s state case that allowed his client to enter an Alford plea on seven misdemeanor charges and avoid time behind bars. “The bottom line is that it’s hard to do it twice, even for the innocent,” he says. Read more

Judge impounds DA’s statement of case against Winter Hill kingpin

By Laurel J. Sweet | Tuesday, December 4, 2012 | www.bostonherald.com | Local Coverage

Melvin’s attorney Martin Weinberg persuaded Tuttman to impound the statement of the case — at least temporarily — while Winter’s counsel Peter Mullane charged prosecutors just want the statement out in the public domain to “piggyback” on the press releases Middlesex District Attorney Gerard Leone Jr.’s office has already issued on the case.

“These are rich, evidentiary details, including electronic surveillance. They’re deeply prejudicial,” Weinberg told Tuttman. “It is squarely,
quintessentially a one-sided statement. It has great capacity for prejudice.” Read more

Alleged Tobacco Scam Costs Taxpayers Millions

By WBZ-TV Chief Correspondent Joe Shortsleeve
March 5, 2013 11:18 PM

BOSTON (CBS) – … the ITeam has learned [Syed] Bokhari is now under federal investigation for allegedly scamming taxpayers out of tens of millions of dollars of unpaid tobacco taxes.

… “Syed Bokhari is a person completely innocent of any wrong doing,” said Weinberg. “This is some farfledged, unprecedented, and again I contend, unprincipled theory that the supplier is liable for his customers’ tax failures.” Read more. See interview.

Probation grand jury probe may be expanding to court officers

David Frank | masslawyersweekly.com | February 15, 2012

It appears that a federal grand jury investigating the hiring and promotion practices of the state’s Probation Department may have expanded its reach to court officers. …

Weinberg says he does not believe the convicted politician has entered into any kind of agreement with prosecutors.

“My judgment is there is no deal or pre-arrangement with Sal, and Sal didn’t initiate this transportation through the bellows of the federal system,” he says. “This is an attempt to determine whether or not they could extract testimony. If I was a federal prosecutor, I wouldn’t be handing out immunity tickets to a guy with a very substantial appeal without giving it serious thought.” Read full article