2017 Weinberg in the News

Bank Fraud Charges Against Jewelry Store Owner Dismissed

By Rachel Graf | Law 360 | September 11, 2017

A Massachusetts federal judge on Monday threw out the government’s criminal case against a luxury jewelry store owner charged with falsifying inventory entries to receive additional financing …

“It’s been 10 years since the alleged events and six years since the indictment on identical subjects, and Mr. Handa is deeply relieved by the decision,” Handa’s counsel Martin G. Weinberg said. Read more

All Charges Dismissed Against Raman Handa,
the Former Owner of Alpha Omega Jewelers

By India New England News | September 11, 2017

BOSTON—A Boston District Court judge today dismissed the last and the 13th charge against Raman Raman, the former owner of well-known Boston jewelry chain Alpha Omega Jewelers. The first 12 counts were already dismissed on July 19.

“Mr. Handa is very pleased with the court’s decision today,” said Mr. Handa’s attorney Martin Weinberg through his associate Max Nemmtsev. “The court’s decision was compelling validation of Mr. Handa’s 6th Amendement right to a speedy trial.” Read more

 

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

State Street to Pay $35 Million to Settle SEC Probe
Investigations targeted ‘secret markups’ on trades and operations
of a Treasury trading venue

By Dave Michaels | Wall Street Journal | Sept. 7, 2017

… Martin Weinberg, an attorney for Mr. McLellan, said the former banker “has repeatedly and vigorously denied in both the SEC and Department of Justice proceedings that he is culpable and acted in any other than a transparent and appropriate way.” Read more

 

Weinberg Analysis of Mueller Investigation

Did Papadopoulos wire up? It sounds
like prosecutors wanted him to.

By Travis Andersen | Boston Globe Staff |  October 31, 2017

Should Papadopoulos have to testify against anyone else charged in the case, he can expect defense lawyers to attack his credibility in a similar vein, said Martin G. Weinberg, a prominent Boston defense lawyer who has tried several high-profile corruption cases.

“The starting point of any cross examination is that this man is a confessed liar who avoided more significant charges and has been cooperating with the government in his desire to avoid the destiny of those who don’t,” he said. Read more

Here’s how indictment could be leverage for prosecutors in Russia probe

By Travis Andersen | Boston Globe Staff |  October 30, 2017

…Could Mueller’s latest moves be checkmated by a pardon or commutation from the president?

Not likely, at least in Manafort’s case, according to Martin G. Weinberg, a prominent Boston defense lawyer who has tried many public corruption cases.

Weinberg, while stressing that Manafort is presumed innocent under the law, said the charges made publicMonday allege “significant criminal activity” going back several years before Trump ran for president. Read more

Weinberg quoted as an expert

Irregular verdict form still an issue in pharmacist case

By Kris Olson | Massachusetts 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

City official accused of extortion calls on judge to exclude key evidence

By Maria Cramer | Boston Globe Staff |  October 31, 2017

…The defense motion before Judge Leo T. Sorokin is “pivotal,” said Martin G. Weinberg, a criminal defense attorney who has been following the case.

Rules of evidence make it very hard for prosecutors to bring in allegations from one trial to prove the allegations in another, he said.
“There is a very high bar that discourages the addition of that kind of evidence,” Weinberg said.

“And for good reason: because a citizen charged with one crime should not have to defend against two.” Read more

Hernandez had CTE; lawsuit against NFL, Patriots filed

By Danny McDonald, Felice J. Freyer and Bob Hohler | GLOBE STAFF | September 21, 2017

… Martin G. Weinberg, an experienced trial lawyer in Boston who is not associated with the case, said Thursday, “The medical evidence makes the inexplicable — committing a suicide right after an acquittal — understandable.” Read more

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

Weinberg Quoted as Expert

Weinberg Analysis of Mueller Investigation

Did Papadopoulos wire up? It sounds
like prosecutors wanted him to.

By Travis Andersen | Boston Globe Staff |  October 31, 2017

Should Papadopoulos have to testify against anyone else charged in the case, he can expect defense lawyers to attack his credibility in a similar vein, said Martin G. Weinberg, a prominent Boston defense lawyer who has tried several high-profile corruption cases.

“The starting point of any cross examination is that this man is a confessed liar who avoided more significant charges and has been cooperating with the government in his desire to avoid the destiny of those who don’t,” he said. Read more

Here’s how indictment could be leverage for prosecutors in Russia probe

By Travis Andersen | Boston Globe Staff |  October 30, 2017

…Could Mueller’s latest moves be checkmated by a pardon or commutation from the president?

Not likely, at least in Manafort’s case, according to Martin G. Weinberg, a prominent Boston defense lawyer who has tried many public corruption cases.

Weinberg, while stressing that Manafort is presumed innocent under the law, said the charges made publicMonday allege “significant criminal activity” going back several years before Trump ran for president. Read more

Weinberg quoted as an expert

Irregular verdict form still an issue in pharmacist case

By Kris Olson | Massachusetts 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

City official accused of extortion calls on judge to exclude key evidence

By Maria Cramer | Boston Globe Staff |  October 31, 2017

…The defense motion before Judge Leo T. Sorokin is “pivotal,” said Martin G. Weinberg, a criminal defense attorney who has been following the case.
Rules of evidence make it very hard for prosecutors to bring in allegations from one trial to prove the allegations in another, he said.
“There is a very high bar that discourages the addition of that kind of evidence,” Weinberg said.

“And for good reason: because a citizen charged with one crime should not have to defend against two.” Read more

Hernandez had CTE; lawsuit against NFL, Patriots filed

By Danny McDonald, Felice J. Freyer and Bob Hohler | GLOBE STAFF | September 21, 2017

Martin G. Weinberg, an experienced trial lawyer in Boston who is not associated with the case, said Thursday, “The medical evidence makes the inexplicable — committing a suicide right after an acquittal — understandable.” Read more

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

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.

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

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