Harvey Silverglate - Three Felonies a Day: How the Feds Target the Innocent

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Table of Contents

Praise forThree Felonies a Day

Now comes veteran defense lawyer and civil libertarian Harvey A. Silverglate with riveting case studies exposing in technicolor a pattern of serious abuses and convictions of innocent people in some of the most famous (as well as obscure) federal cases of recent decades. Abetted by compliant courts and easily gulled media, the feds brand as criminals good people who intended no crime.

Stuart Taylor, Jr., National Journal columnist and
Newsweek contributing editor

In Three Felonies a Day, Harvey A. Silverglate has written a work peerless in revelations about the mad expansion of federal statutes whose result is to define, as criminal, practices no rational citizen could have viewed as illegal. The book is chilling in its detail of the investigations and ruin that have befallen people ground up in this prosecution mill. Whether in the books scathing chronicle of the destruction of Arthur Andersen, largest accounting firm in the nation, an obscure attorney, or the bizarre government case mounted against a Boston politicianto name a fewHarvey A. Silverglate brings home, unforgettably, the truth that everyone is vulnerable to the terrors wrought by out of control prosecutors.

No one reading this can fail to be gripped by these cases, by the hard bright light he shines on every step of these prosecutions, and the mindset that created them. Its a bombshell that was worth waiting for.

Dorothy Rabinowitz, Wall Street Journal editorialist and
a winner of the Pulitzer Prize

Gilbert & Sullivan wrote about how the punishment fits the crime. Three Felonies a Day shows how federal prosecutors have conceived of something truly frighteningpunishment without crime. Harvey A. Silverglate, one of the truly hard-working and uncompromising defenders of our civil liberties, has written the ultimate horror-story of prosecutorial abuse. We, the public, should pay attention.

Errol Morris, documentary film-maker, winner of the
Academy Award for The Fog of War, producer and director
of the legendary documentary The Thin Blue Line

This brilliant book lays out the terrifying threat to human rights posed by vindictive federal prosecutions, often sold as moralistic crusades to a gullible press and public. Anyone who cares about American democracy should read this gripping and vitally important expose.

Steven Pinker, Johnstone Family Professor, Harvard
University, and author of The Stuff of Thought

Harvey A. Silverglate masterfully chronicles federal prosecutors vindictive enlistment of opaque criminal prohibitions to snare the unwary and to stunt civil society. A bloated criminal code that fails to warn before it strikes is tyrannys first cousin.

Bruce Fein, former associate deputy attorney general
under President Reagan, and chairman of the American
Freedom Agenda

Three Felonies a Day is one of the most important books to be written about law in a generation. It should be read by anyone who cares about the rule of law. Law-abiding citizens beware: Prosecutors wield Godlike power as they decide how to interpret vague and open-ended statutes that can turn the stuff of everyday life into a federal case. Individual freedom and the rule of law hang in the balance. Three Felonies a Day is more than a brilliant collection of great stories about law, although it is sure that: it is a manifesto from one of Americas staunchest defenders of civil liberties demanding that all of us join in the fight for true freedom and the rule of law.

Susan R. Estrich, Robert Kingsley Professor of Law and
Political Science, University of Southern California

In Three Felonies a Day, Harvey A. Silverglate zeroes in on governmental misconductthe brazen abuse by certain federal prosecutors of immense government power for purposes other than justice. The book is a clarion callto prosecutors, reminding them what their true role is in a democracyand to the public, reminding everyone of our collective responsibility firmly to oppose, discipline and prohibit such unacceptable abuses in order to protect the Constitution and the rights it guarantees. The book is a compelling read.

Michael S. Greco, former president of the American
Bar Association

To many readers, the book will read like a highlight reel of the most prominent and challenging cases to be brought in recent years. Silverglate deftly combines the legal sophistication of a criminal defense expert with the plain speech and driving narrative of a journalist.

Matthew W. Hutchins, The Harvard Law Record

[Three Felonies a Day] argues that federal criminal law is so comprehensive and vague that all Americans violate it every day, meaning prosecutors can indict anyone at all.

Adam Liptak, The New York Times

Technology exacerbates the problem of laws so open and vague that they are hard to abide by, to the point that we have all become potential criminals. Boston civil-liberties lawyer Harvey Silverglate calls his new book Three Felonies a Day, referring to the number of crimes he estimates the average American now unwittingly commits because of vague laws.

L. Gordon Crovitz, The Wall Street Journal

After studying dozens of prosecutions dating back 25 years, among them cases he worked on and several that were tried in Massachusetts federal court, Silverglate concludes that federal criminal laws have run amok, enabling overzealous prosecutors to pin flimsy, headline-grabbing crimes on any one of useven for well-intended behavior that does not appear to violate any law.

Tom Mashberg, The Boston Herald

In a work that is sure to stir sharp public debate, veteran defense-attorney-turned-author Harvey A. Silverglate examines the legally and politically charged issues surrounding recent federal criminal prosecutions.

Robert A. Cornetta, presiding justice of the Salem
District Court

To wife and partner Elsa Dorfman and son
Isaac Dorfman Silverglate, who have lived with
the often inconvenient consequences of my obsession
with liberty during decades of a tumultuous career
that continues unabated, and who have added
enormously to my insights;

and

Alan Dershowitz, who first nurtured my interest in
the criminal law and civil liberties when we arrived at
Harvard Law School in 1964 (he as professor and
I as student), and who has continued to nurture and
support that interest over the decades;

and

Dorothy Rabinowitz, who has insisted that I have an
obligation to write, in non-legalese English, about the
lessons learned and still being learned from that career,
and who pushed me relentlessly to complete this book.

PREFACE TO THE PAPERBACK EDITION

Three Felonies a Day is the story of how citizens from all walks of lifedoctors, accountants, businessmen, political activists, and othershave found themselves the targets of federal prosecutions, despite sensibly believing that they did nothing wrong, broke no laws, and harmed not a single person. In these wheels of injustice, vague laws are the lynchpin, functioning in very much the opposite way than originally intended: they obscure, rather than clarify, the laws demands.

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