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
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
ByMAY 26, 2014
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
2014 Tsarnaev articles
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
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.
Theyre now asking U.S. District Court Judge George OToole 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 Tsarnaevs team wants is more information about a 2011 Waltham homicide, in which Tsarnaevs brother, Tamerlan, was allegedly involved.
In todays PODCAST, Boston defense attorney Martin G. Weinberg says he was surprised by the governments response to the discovery dispute, given whats 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 thats 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
2014 Hernandez articles
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
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
Tue, February 5, 2013
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
Héctor Martínez y Juan Bravo piden revocación del veredicto del jurado
viernes, 2 de noviembre de 2012
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.
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.
‘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.
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