Foxcast Legal Listening

Episode 53

Diagnosis: Innocent

A Doctor’s Journey to Acquittal For six and a half years, Dr. Muhamad Aly Rifai, a physician from Easton, Pa., lived in fear and anxiety that life as he knew it was over. A leader in telehealth psychiatric services since the early 2000s, Dr. Rifai was charged with fraudulently billing more than $1 million to Medicare, stemming from his practice treating elderly patients in a rural area. In this episode, Dr. Rifai describes his harrowing experience to host Matt Adams. It could be a tale straight from a television show, featuring a government raid by agents carrying automatic weapons, an early morning call from the local SWAT team lieutenant and a key government witness who crumbled under cross-examination on the stand. Dr. Rifai also imparts words of wisdom for anyone who may find themselves in a similar situation, and details how he combatted fierce pressure by the government — and his own attorney — to plead guilty.

Episode 52

Engineered for Injustice: How Coerced Pleas Trap the Innocent

Rodney Roberts was given a total of 25 minutes to make a life-altering decision. In custody, isolated from family and advised by a public defender to plead guilty to lesser charges in a crime he did not commit, Rodney succumbed to fear and pressure, and agreed to the terms. In this wrenching episode, Rodney joins host Matt Adams and defense attorney Tim Gumkowski of the Innocence Project to share his personal story of coercion into a guilty plea and the years of his life he lost as a result, trapped in a system that refused to acknowledge its mistake. Now a reentry coach with the Innocence Project, Rodney was ultimately exonerated after serving 18 years — including 10 years civilly committed in a facility after the attorney general filed a petition citing delusion and psychosis in response to Rodney’s repeated assertions of innocence. You’ll hear Rodney explain his emotional turmoil as he was coerced into the guilty plea and how his experience drives his work today with the Innocence Project. Matt and Tim also dig into the structural flaws of the criminal justice system that fuel this fire of coerced plea agreements and explore whether ways exist to extinguish them.

Episode 51

A Higher Duty of Care: Representing Clients Living With Mental Illness

The defense of clients experiencing mental health issues is one of the most challenging and nuanced aspects of criminal law. An estimated one-third to one-half of incarcerated individuals live with some form of mental illness and often find themselves at the mercy of a criminal justice system that offers little relief or recourse. Elizabeth Kelley, a New York City criminal defense lawyer, joins host Matt Adams to explain how attorneys can best advocate for and represent clients who experience mental illness. Elizabeth, who is also the editor of the ABA-published book Representing People With Mental Disabilities: A Practical Guide for Criminal Defense Lawyers, explores the hurdles that criminal defense attorneys can encounter as they strive to secure optimal outcomes for their clients. In a compassionate conversation based on their personal experiences representing clients who experience mental illness, Elizabeth and Matt discuss the afflictions most prevalent among those traversing the criminal justice system, including juveniles and veterans. They also detail the critical role played by a forensic mental health expert, who is best equipped to assess a defendant’s competency and sanity according to their legal definitions.

Episode 50

Hidden in Plain Sight: How Kleptocrats Exploit U.S. Financial Systems

The shadowy finances that fueled the 9/11 terrorist attacks cut a somber scar into America. Despite the anti-money laundering initiatives woven in the Patriot Act, that wound continues to fester, according to Casey Michel, who suggests U.S. federal and state systems make America a cooperative collaborator in the money laundering schemes of kleptocrats. Casey, author of American Kleptocracy: How the U.S. Created the World's Greatest Money Laundering Scheme in History and Director of the Combating American Kleptocracy Program at the Human Rights Foundation, joins host Matt Adams for the show’s landmark 50th episode. Matt and Casey start their discussion focused on how corrupt foreign leaders launder the wealth expropriated from their home countries in the traditional offshore outlets. They then explain how those kleptocrats have legally infiltrated America — from small towns in the Midwest to oceanfront urban metropolises — with shell companies promising revitalization and development but often leaving dilapidated buildings and distressed communities instead. What legal and legislative measures are required to challenge these actions? Matt and Casey explore all that and more in this insightful episode

Episode 49

Perspectives From the Bench: Anatomy of a Criminal Trial With Retired Judge Margaret Foti

The Honorable Margaret Foti, formerly the Presiding Judge of the Criminal Division of the Superior Court of New Jersey, Bergen County, joins host Matt Adams to examine the state’s criminal trial process from the view of the bench. From arrest to sentencing, the two discuss a wide range of topics in New Jersey criminal proceedings, including bail reform, Early Disposition Court and the role of a defendant’s remorse in a judge’s ruling. You’ll glean important insight from the bench on jury selection and sentencing determinations. Plus, Judge Foti shares a story of when Matt appeared in her courtroom and how the ruling in that case impacted the defense bar.

Episode 48

Digital Boundaries: Fourth Amendment Protections in a Connected World

Modern technology is testing the limits of the Fourth Amendment and redefining the parameters of privacy. Michael Price, Litigation Director of the Fourth Amendment Center at the National Association of Criminal Defense Lawyers, joins host Matt Adams to dive into some of the most pressing issues at the intersection of criminal law and technology: geofencing, reverse warrants, facial recognition and forensic genealogy. Will case law catch up with technology? Michael and Matt search for answers in this compelling episode.