More From Eric Dixon at

Support Independent Investigations With Bitcoin:
Send Bitcoin Here: 171GMeYRD7CaY6tkXs8dSTjLbAtFazxhVL

Top 50 Twitter Rank of Worldwide Startup Advisors For Much of 2014
. Go to my professional site for solutions to your legal, business and strategic problems. The only lawyer who is a co-inventor of multiple, allowed-for-grant patents on blockchain technology!!! Blockchain and Digital Currency Protocol Development --
Top Strategic Judgment -- When You Need A Fixer -- Explore Information Protection and Cryptographic Security -- MUST-WIN: JUST DON'T LOSE -- SURVIVE!: Under Investigation? Being Sued? Handling Extreme Stress -- Corporate Issues -- Startup Issues -- Investor Issues -- Contracts To Meet Your Needs -- Opposition Research -- Intellectual Property, Media and Reputation Issues -- Independent, top-notch legal, strategic and personal advice -- Extensive ghostwriting, speechwriting, book writing, issue research, press and crisis management services. Listed by American Bar Association's Law Bloggers (Blawgers). Contact European Union audiences: This site uses a third party site administrator which may use cookies but this site is intended for AMERICAN clients and prospective clients only!

Thursday, April 14, 2011

Barry Bonds' Victory

sBarry Bonds' conviction on one count of perjury, on arguably irrelevant questions, and hung juries on three other counts must be viewed as a win for the onetime baseball star.

It is debatable whether Bonds told the "truth" about his childhood, or his relationship with trainer/childhood friend Greg Anderson, the central topics of the one charge of which he was convicted. Although perjury is serious, and in fact needs to be investigated more, one must question whether this trial was less about deterring and punishing perjury and obstruction of justice, and more about prosecutorial ambition and headline chasing.

Perhaps in retrospect the mistake Barry Bonds made was in ever talking to a grand jury.

The risk prosecutors now face is that prospective witnesses may be advised by their lawyers to never say anything to federal officials or a grand jury. If perjurious statements -- lies -- become subjective and "in the eye of the beholder," then any statement carries some risk of being characterized as a lie, as criminal perjury.

The best, and only, way to avoid the risk of a perjury charge is to remain silent.  Otherwise, you run the risk of being wrongfully accused, wrongfully prosecuted, and wrongfully convicted.

If normally cooperative witnesses become understandably reluctant to testify, the government will have to depend more on testimony from cooperating witnesses -- i.e. People who have been caught committing crimes and want to get leniency at sentencing. Such dependence also carries the risk of perjured testimony as well as diminished credibility of government witnesses.

The government's job fighting crime will only get harder due to the prosecutorial ambition that drove the Bonds case.

Eric Dixon is a New York lawyer who may be reached at

No comments:

Post a Comment