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Conviction Overturned Based on Government Retention of ESI

, New York Law Journal

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Alan R. Friedman, Brendan M. Schulman and Samantha V. Ettari discuss a recent Second Circuit decision overturning a criminal tax evasion conviction because the government had retained electronically stored information for too long after the execution of a search warrant and then improperly searched and used that ESI in a case unrelated to the warrant from which it was procured.

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