Lawyers of the Year Interview

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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


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

Weinberg in the News

Weinberg in the News 2017

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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 | | 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


2014 Tsarnaev articles

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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 | 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 | | 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


2015 O'Brian, Tavares articles

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

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 | | 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 | | 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


Weinberg on Bulger Case

Bulger Guilty in Gangland Crimes, Including Murder

James (Whitey) Bulger, the mobster who terrorized South Boston in the 1970s and ’80s as leader of the Winter Hill Gang, faces a sentence of life in prison.

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

Bulger jury to resume deliberations on Monday

By Shelley Murphy and Milton J. Valencia | GLOBE STAFF AUGUST 09, 2013 

As jurors weighing the fate of James “Whitey” Bulger were sent home Friday after deliberating for four days without reaching a verdict, legal observers said that lengthy deliberations are common in complex racketeering cases and that it is impossible to discern whether the jury is divided or just being diligent.

… Boston criminal defense lawyer Martin G. Weinberg said the jury could be acting methodically on some charges and disagreeing on others.

“We all know that we don’t know . . . how individual groups of 12 digest weeks of testimony, and that’s the genius of the American judicial system,” he said. “The jury is doing Boston proud and giving Mr. Bulger the fairest of fair trials.” Read more 

Case likely won't hinge on Bulger decision

By Milton J. Valencia and John R. Ellement | GLOBE STAFF AUGUST 02, 2013 

… Weymouth and Boston defense attorney Martin G. Weinberg also said that in choosing not to testify, Bulger insulated himself from what would have likely been a ferocious cross-examination by Assistant US Attorney Fred Wyshak, who has pursued Bulger since 1995. …

Weinberg also said Bulger would have been forced to answer in detail every criminal allegation he faced, including his alleged roles in the two murders Bulger insists he had no role in, the killings of Deborah Hussey and Debra Davis.

“I think it was the one wise thing he did during the trial – not expose himself to being cross-examined by a very experienced prosecutor who has prepared for this day for two decades,’’ Weinberg said, referring to Wyshak. Read more 

As Bulger's defense begins: Will he testify?

July 29, 2013
By DENISE LAVOIE, Associated Press

… Boston attorney Martin Weinberg said because Bulger's lawyers have admitted to some charges, he is likely to be convicted of enough counts to keep him in prison for the rest of his life.

"He's going to have a narrower set of objectives," Weinberg said. "It makes it more likely for him to testify if his objectives are something other than a complete acquittal because he can admit to things that other defendants couldn't and attempt to persuade a jury that, 'You heard what I admitted to, please respect those specific areas as to which I deny guilt.'" Read more  

… “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

Defense team tackles high-stakes case with zeal

By Milton J. Valencia | GLOBE STAFF JUNE 2, 2013 

… “I think they’re prepping for a Super Bowl trial, where the pressure is on a defense lawyer to stand alone between a charged citizen who has enormous toxic press, and the government, which is relentlessly committed to his conviction,” said Martin Weinberg, who has defended high-profile clients, and who has often won acquittals such as the successful defense two years ago of financial consultant Richard Vitale in a political corruption case. Read more

Silence from 1st Circuit doesn’t bode well for Bulger


Defense lawyer seeks to end statements of case

By David E. Frank
Massachusetts Lawyers Weekly,
December 27, 2012

A Boston defense attorney says he plans to use the indictment of a one-time associate of James “Whitey” Bulger to try to stop the widespread prosecutorial practice of filing “statements of the case” in uncontested bail hearings.

Martin G. Weinberg recently appeared before a Superior Court judge with a motion to impound what he called a “highly prejudicial and legally unprecedented” statement that Middlesex County prosecutor Stephen M. Gilpatric had submitted in the extortion case of ex-Winter Hill crime boss Howard Winter. …

“If this were a disputed motion to suppress or dismiss, they’d have the right to inform the court of their position. But to just routinely file these statements gives the prosecutors an unfair advantage and risks a defendant’s fair trial rights,” Weinberg said. “Particularly in an Internet age, once published, these articles remain available to jurors and potential jurors forever.” Read more

Whitey Bulger’s health could push back trial start date

By Laurel J. Sweet 
Tuesday, November 6, 2012

Legal experts were at odds yesterday over whether James “Whitey” Bulger’s weekend hospitalization will influence a federal judge’s decision to grant or deny the defense team’s request to put off his March trial another eight months. …

Martin Weinberg, a prominent Boston defense attorney, said the 83-year-old’s age, health and long-term solitary confinement are realities “that are going to need to be considered.” Read more

Lawyers, alleged victim’s kin
doubt Bulger’s immunity claim

Martin G. Weinberg, another Boston attorney who, like Cardinale, was involved in court proceedings in the 1990s that dealt with Bulger and an associate’s corrupt relationship with the FBI, was more measured in his response to the ­immunity claim.

“This is a step beyond the historic [legal] precedent” of such a defense, Weinberg said. “But all legal defenses begin with a single small step.”  Read more


Long Series of Trials Could Prove to Be Mobster’s Death Sentence

James (Whitey) Bulger’s long flight back from Los Angeles to Boston on Friday was only the beginning of a much longer journey, a legal odyssey that is likely to keep him in court for years. Unless Mr. Bulger, who is 81, bypasses the long court process with plea deals, the trials themselves could be a death sentence. …

Mr. Weinberg, the Boston defense lawyer, said that even in infamous cases, the presumption of innocence remains important. “He has not had the opportunity to confront one word of testimony in a court of law,” he said. “Part of the challenge for his defense lawyers is going to be to reverse 16 years of uniformly negative publicity.” Read more



Weinberg Reflects on DiMasi-Vitale Trial

Massachusetts Lawyers Weekly, June 23, 2011

By David E. Frank

Not surprisingly, Joseph Lally's last-minute decision to go from co-defendant to cooperating witness in the high-stakes public corruption trial of former House Speaker Salvatore F. DiMasi came as unwelcome news for Martin G. Weinberg and the rest of the defense team. Click here to read more: Massachusetts Lawyers Weekly_Attorney on DiMasi case reflects on trial.pdf


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Attorney on DiMasi-Vitale case reflects on trial

Tue, January 3, 2012 

By David E. Frank

Not surprisingly, Joseph Lally’s last-minute decision to go from co-defendant to cooperating witness in the high-stakes public corruption trial of former House Speaker Salvatore F. DiMasi came as unwelcome news for Martin G. Weinberg and the rest of the defense team.

After nearly two years of pre-trial preparation, the honest services fraud case against DiMasi, lobbyist Richard McDonough and Weinberg’s client — accountant and longtime DiMasi confidant Richard Vitale — would no longer hinge on inference and circumstantial evidence.

With Lally changing sides, now there would be direct testimony alleging that Vitale was actively involved in the scheme to award multi-million-dollar state software contracts to Burlington-based Cognos Corp., in exchange for illegal kickbacks.

Read more: Weinberg Reflects on DiMasi-Vitale Trial


Weinberg has written for and contributed to numerous magazines, newspapers, journals and reports:

Search & Seizure Commentary
By Martin G. Weinberg and Robert M. Goldstein
The Champion, June 2014,

Warshak 4 Years Later
The DOJ Continues to Fight the Warshak Court Requirement
0f a Warrant (Not a Subpoena) to Search and Seize Emails
Read more

Congress must act to give courts leeway for sick prisoners
Letters to the Editor, The Boston Globe | March 10, 2013
By Martin G. Weinberg

RE “IMPRISONED DiMasi weak with cancer, wife says” (Page A1, March 7): Congress has left federal judges without the statutory power on their own to remedy post-sentence medical problems such as those that occurred to former House speaker Salvatore DiMasi; instead, Congress has placed responsibility for responding to unforeseen but catastrophic medical events, such as DiMasi’s throat cancer, in the hands of the Bureau of Prisons. Read more

Bringing the Fourth Amendment
into the 21st century

Massachusetts Lawyers Weekly,
Thurs, December 20, 2012
By Martin G. Weinberg and Robert M. Goldstein

"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 withinan 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."
Read more

Trial by Press Conference
Boston Business Journal, Business View opt-ed by Martin G. Weinberg. April 2012.

"Before prosecutors present a single witness in a federal or state courtroom, the community has formed a belief in the guilt or innocence … A cornerstone of our system of constitutional liberties is the presumption of innocence. Yet recent but widespread nationwide practices in federal and state cases — announcing indictments via press conferences … profoundly threaten the charged citizen's right to a fair trial …" Click here to read.

Sixth Circuit: SCA Unconstitutional to Extent
It Permits Warrantless Seizure of Emails
From ISP

Champion Magazine – National Association of Criminal Defense Lawyers,
By Martin G. Weinberg; Robert M. Goldstein
March 2011. Click here to read.

The Stored Communications Act and Private E-mail Communications

Champion Magazine – National Association of Criminal Defense Lawyers,
By Martin G. Weinberg; Robert M. Goldstein
August 2007. Click here to read.

Read more: Publications