For decades, criminal defense attorneys have struggled with a procedural catch‑22 under Federal Rule of Criminal Procedure 17: while the rule allows subpoenas to obtain documents and other evidence, courts often require proof that the material will be admissible at trial before granting access. This forces defendants into a difficult position, as they must show the contents and admissibility of evidence they have not yet seen in order to obtain it. Yet last year, [...]

Last week, the US Court of Appeals for the Sixth Circuit issued a noteworthy decision that a party cannot meet its burden of proof by relying merely on testimony that witnesses "have no recollection" of a specific event occurring. In Victor v. Reynolds, the Court overturned a jury verdict based on "lack of recollection" testimony because such testimony cannot meet a plaintiff's burden of proof. And if such testimony cannot sustain a jury verdict, then [...]

As JudgeRakoff explained in a January 21, 2026 opinion in United States v. Rinsch, fraud consists of obtaining a victim's money or property by lying, and if said lying is done intentionally and involves the use of mail or interstate wires, it is a federal crime. Sometimes after obtaining a victim's money or property, a fraudster continues to lie to the victim to conceal the initial fraud. This post-fraud lying is known as "lulling." Courts [...]