Dismissals by district courts in federal criminal cases are rare — even more so in white collar criminal matters. That is why the recent dismissal in United States v. Constantinescu et al., a securities fraud case in the Southern District of Texas, is quite notable.
A civil litigator's bread and butter is a Rule 12(b) motion to dismiss. Such motions are almost always filed in a federal civil litigation. Now, similar Rule 12 motions have been filed and granted in some criminal cases given the Supreme Court's recent pattern of pushing back on the government's statutory overreach.
Is it Time to File More Motions to Dismiss in Criminal Cases? - The Texas Lawbook
Originally published in The Texas Law Book
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