Author Archives: David S. Zapp and Johanna S. Zapp

By David Zapp, Esq.

You’re Not Smarter Than The Government

Before the Federal government presses charges, it weighs all the pros and cons the same way a defendant would. They have thought of every defense a defendant has thought of. So if a narcotics defendant is overheard saying that “the cows” have to be in Miami by Thursday,” […]

By David Zapp, Esq.

OFAC stands for the Office of Foreign Assets Control. It is a U.S. agency that puts people and nations on the so-called “Clinton list,” which is a sanction list made up of allegedly rogue corporations, rogue nations, rogue civic associations, and just plain rogues. Any one and anything that OFAC believes is […]

By David Zapp, Esq.

Years ago I wrote an article entitled “The Right To A Jury Trial, A Right I Can Do Without.” I said then that juries were not what they were cracked up to be. They were not the bastion of freedom standing between you and the state. In fact, sometimes a judge is […]

Reconsideration of Sentence-Rule 35

18 USC 3553(A) sets forth the factors to be considered when sentencing a defendant, not resentencing him. The law does not provide for resentencing except in cases where, 1), there is a clear procedural error in the sentencing or, 2), the defendant has given subsequent substantial assistance. FRCP Rule […]