Federal and State Appeals

  • 1st Circuit Court of Appeals reversal of RICO and mail fraud convictions in a public corruption case (United States v Tavares (1st Cir, Dec. 2016))
  • Appellate reversal of a federal false statement conviction due to a "Rare application of the presumption of prejudice resulting from pervasive publicity from prior case” (US v Casellas-Toro (1st Cir, 2015))
  • Successful challenge to the Department of Justice’s reliance on the Stored Communications Act to seize the content of emails in violation of the Fourth Amendment (US v Warshak 631 F3d 266 CA 6 (2010))
  • Federal Court of Appeals reversed conviction of a leading businessman in Puerto Rico for federal programs bribery holding that gratuities cannot, legally, be the basis for such a conviction (US v Bravo Fernandez 722 F3d 1 (1st Cir, 2013))
  • Federal Court of Appeals vacated a monetary sanction imposed against a criminal defense attorney holding that there was no legal or factual basis for the imposition of the sanction (US v Agosto-Vega (1st Cir, 9-27-13))
  • Reversal of child pornography conviction based on improper admission of opinion evidence from FBI agent which prejudiced defendant’s right to a fair trial (US v Vazquez-Rivera 665 F3d 351 CA 1 (2011))
  • Vacating of convictions for concealment money laundering in an appeal from a large health care fraud conspiracy conviction (US v Faulkenberry 614 F3d 573 CA 6 (2010))
  • Vacating of a conviction for environmental violations due to violations of defendant’s Sixth Amendment right to a public trial during jury selection from which the public and family of the defendant were barred (US v Agosto 617 F3d 541 CA 1 (2010))
  • Vacating of honest services conviction as a result of instructions that impermissibly broadened the “official act” element of 18 USC 1346 (US v Urciuoli 513 F3d 290 CA 1 (2008))
  • Affirming trial court’s granting of new trial motion in mail fraud prosecution due to prosecutor’s inflammatory summation (US v Carpenter 494 F3d 13 CA 1 (2007))
  • Affirming trial court’s granting of habeas corpus relief to a RICO defendant whose decision to plead guilty to murder predicates was found to be involuntary due to prosecutor’s concealment of core exculpatory evidence (Ferrara v US 456 F3d 278 CA 1 (2006))
  • Co-counsel in appeal of conviction of Martha Stewart for making false statements and obstructing an SEC investigation (US v Stewart 433 F3d 273 CA 2 (2006))
  • Reversal of money laundering convictions following split jury verdict in prosecution of Boston real estate developer (US v Carucci 364 F3d 339 CA 1 (2004))
  •  Affirming trial court’s decision finding waiver of attorney-client privilege by corporation relating to investigation of tax fraud (In re Grand Jury 274 F3d 563 CA 1 (2001)
  • Representation of attorneys charged with non-contempt civil sanctions (US v Kouri-Perez 187 F3d 1 CA 1 (1999))
  • Affirming trial court decision that attorney-client privilege not implicated by IRS 8300 form requirement (Lefcourt v US 125 F3d 79 CA 2 (1997))
  • Vacating of sentence for political leader in New Hampshire found guilty of honest services violation (US v Grandmaison 77 F3d 555 CA 1 (1996))
  • Affirming trial court’s refusal to enhance sentence in case brought under 18 USC 924(c) when Government opposed special jury verdicts (US v Melvin 27 F3d 710 CA 1 (1994))
  • Affirming trial court’s granting of bail for principal defendant in RICO indictment (US v Patriarca 948 F2d 789 CA 1 (1991))
  • Reversing trial court’s suppression of witness testimony due to coercive plea agreement (US v Dailey 759 F2d 192 CA 1 (1985))
  • Reversing conviction due to Confrontation Clause error in admitting co-conspirator testimony (US v Gibbs 739 F2d 838 CA 3 vacated en banc 813 F2d 596 (1984))
  • Upholding trial court suppression of evidence due to execution of a General Warrant (US v Roche 614 F2d 6 CA 1 (1980))
  • US Supreme Court invalidates warrantless search of luggage in major Fourth Amendment decision rejecting Solicitor General’s attempt to minimize the scope of the Warrant Clause (US v Chadwick 433 US 1 (1977))
  • US Supreme Court rejects application of jeopardy assessment provisions of Title 26 (Laing v US 423 US 161 (1975))
  • Reversing conviction due to Fourth Amendment violation in approving search of residence based on affidavits containing misstatements and omissions (US v Astroff 564 F2d 199 CA 5 (1977))
  •  Prohibiting US Attorney from using subpoena powers to require participation in lineup without the involvement of grand jury (In re Melvin 546 F2d 1 CA 1 (1976))
  • Reversing conviction for interstate theft due to violation of defendant’s right to introduce exculpatory statements under FRE 801(d)(1) (US v Barrett 539 F2d 244 CA 1 (1976))

A Legal Leader

 “The No. 1 Lawyer in the City.”

—Howie Carr, Boston Herald, 6-16-11


“Marty Weinberg…[part of a] Fourth Amendment dream team [who] understands the Constitution and the Bill of Rights still reign as the supreme law of the land.”

NACDL President Jim Lavine, 12-15-10
upon 6th Circuit ruling that protected emails
from warrantless government surveillance

Read more

Groundbreaking Opinion

“The extension of the Fourth Amendment to emails is a groundbreaking opinion that is of pivotal importance in terms of protecting privacy in the Internet Age.”

—Weinberg quoted by AP following Warshak decision

 

“[Warshak] … may someday be seen as a watershed moment in the extension of our Constitutional rights to the Internet.”

— Law Professor Paul Ohm

Read more