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Articles by Richard Resch

Special Digital Currencies Issue: 
Bitcoin and CBDCs What Is Bitcoin? The Answer to Government Surveillance 
and Control Through Money An Essential Introduction, Glossary of Multidisciplinary 
Terminology, and Colorful History

“It is well enough that people of the nation do not understand our banking and monetary system, for if they did, I believe there would be a revolution before tomorrow morning.” – Henry Ford

 

What is money? Everyone needs and wants it, but few can actually define it. At its core, money is a social construct, an abstract concept with tangible forms. Money is an agreement within a society about what constitutes a medium of exchange, a unit of account, and a store of value. Essentially, money represents a shared agreement on value and thereby facilitates economic interactions by providing a standardized way to measure worth, store wealth over time, and settle debts. 

By engaging with the material in this article, you will be able to meaningfully answer that deceptively simple question about money as well as gain a clear understanding of Bitcoin – its revolutionary nature, its eventful history, its role as the future of global finance, and its ability to thwart mass surveillance and pervasive control by governments.

A Brief History of Money

Money facilitates trade by overcoming the limitations of barter, where goods and services are directly exchanged. Without money, a farmer wanting to trade ...

From the Editor

Welcome to this month’s issue of Criminal Legal News (“CLN”). As you can see, it’s devoted to the revolutionary and controversial topic of digital currencies, spotlighting the two most important participants in the enduring clash between individual liberties and state control. In this issue, we take a deep dive into Bitcoin – the groundbreaking decentralized digital monetary network that is appropriately characterized as “freedom money” – and Central Bank Digital Currencies (“CBDCs”) – the government-controlled digital form of fiat money that effortlessly enables mass surveillance, programmable restrictions, and unparalleled control. Whether you’re skeptical of these evidence-based assessments or already convinced, this issue of CLN is your vital resource for understanding these two starkly different digital currencies and the stakes involved. Our meticulously researched articles will challenge your assumptions, provide fresh insights, and entertain you along the way. 

“Crypto Week” Showdown in Congress Over CBDCs

The timeliness of this issue is underscored by the dramatic events that unfolded in Washington, D.C., during “Crypto Week” from July 14 to 18 in the United States House of Representatives. What was intended as a bipartisan celebration for passing a trio of digital asset bills nearly imploded entirely due to a dramatic intra-party ...

SCOTUS Announces Sentence ‘Has Not Been Imposed’ 
for Purposes of First Step Act Retroactivity Upon Resentencing When § 924(c) Offender Sentenced Prior to Act’s Enactment 
but Sentence Subsequently Vacated

The Supreme Court of the United States held that when an offender convicted under § 924(c) had been sentenced prior to the enactment of the First Step Act but the sentence was subsequently vacated, a sentence “has not been imposed” for purposes of the retroactivity provision of § 403(b), and thus, § 403(a)’s ...

SCOTUS Announces Courts May Not Consider 
§ 3553(a)(2)(A)—Retribution—When Deciding Whether 
to Revoke a Term of Supervised Release

The Supreme Court of the United States held that U.S. District Courts may not consider 18 U.S.C. § 3553(a)(2)(A), retribution vis-à-vis defendant’s underlying criminal offense, when determining whether to revoke a term of supervised release because Congress’ decision to enumerate eight of the ten sentencing factors set forth in § 3553(a) but ...

Understanding Your Constitutional Rights in the 
‘100-Mile Border Zone’: A Primer for Non-Citizens in the United States When Confronted by Law Enforcement

The “100-­mile border zone” is not just a geographic area—it is a legal construct that provides federal authorities broader powers to enforce the nation’s immigration laws. If you are within 100 miles of the nation’s land borders or coastlines, you are in the 100-­mile border zone, a region where ...

South Carolina Supreme Court Announces Traditional 
Four-Element Standard for When Person Has Right 
to Use Deadly Force in Self-Defense Not Applicable 
to Non-Deadly Force Self-Defense Analysis

The Supreme Court of South Carolina held that the defendant was entitled to a self-defense jury instruction where he presented some evidence upon which a jury could reasonably conclude that he acted in self-defense and that it was error for the trial court to refuse to provide the requested jury ...

SCOTUS Announces Only ‘False’ Statements Made to FDIC 
Are Criminalized Under 18 U.S.C. § 1014, Not Statements 
That Are ‘Misleading’ but True

Resolving a split between the United States Courts of Appeals for the Sixth Circuit and Seventh Circuit, the Supreme Court of the United States held that 18 U.S.C. § 1014 criminalizes only “false” statements, not ones that are “misleading” but true, i.e., not false. 

Background

Patrick Thompson obtained three loans totaling ...

From the Editor Everything You Always Wanted to Know About Holdings and Dicta*

*But Were Afraid to Ask

by Richard Resch

As Andrew v. White, 220 L. Ed. 2d 340 (2025) (per curiam), illustrates, even highly accomplished legal professionals at the pinnacle of the profession can find themselves grappling with the subtle art of correctly identifying the holding(s) in court opinions. Notice how ...

From the Editor

by Richard Resch

As we usher in 2025, we also mark the eighth year of Criminal Legal News (“CLN”). To those of you who have been with us from the beginning, we extend our heartfelt gratitude for your continued support, which has been instrumental in our success. We are honored ...

New York Court of Appeals Overturns Harvey Weinstein’s Convictions Based on Trial Court Rulings That Admitted Prejudicial ‘Prior Bad Acts’ Into Evidence and Violated His Right to Testify in His Own Defense

by Richard Resch

The Court of Appeals of New York reversed Harvey Weinstein’s convictions for various sexual crimes because the trial court improperly admitted into evidence “irrelevant, prejudicial, and untested allegations of prior bad acts” and compounded its error by ruling Weinstein could be cross-examined about those prior bad acts.

Background

Weinstein was charged with numerous sex-related crimes against three alleged victims identified as Complainant A, Complainant B, and Complainant C. At the time of the alleged crimes, he was a prominent and powerful individual within the entertainment industry. The prosecution contended that he took advantage of his position to coerce aspiring actresses into unwanted sexual encounters. The prosecution further alleged that when his unwanted advances were rebuffed, he used force.

During pretrial proceedings, the trial court granted, over the defense’s objection, the prosecution’s application to admit testimony regarding uncharged crimes as an exception to the Molineux rule, which ordinarily prohibits this type of evidence. The testimony was intended to show Weinstein’s intent and that he knew the Complainants did not consent to the sexual encounters. As a result, Complainant B could testify about uncharged sexual assaults that Weinstein allegedly committed against her, and three other women (collectively, “Molineux ...

 

 

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