Robert Mintz, chair of McCarter’s Government Investigations & White Collar Defense group and former federal prosecutor, spoke with Bloomberg Law Radio about the double jeopardy claims at the federal and state trials of Luigi Mangione, the alleged gunman charged with the murder of UnitedHealthcare CEO Brian Thompson.
Bob discussed why we are seeing a virtual tug of war between state and federal prosecutors as to who is going to try this case first. He explained how generally state and federal prosecutors try to work together regarding who gets to go to trial first and make a decision objectively as to which office has the stronger case and the higher likelihood of conviction. Bob also noted there is no set process by which state and federal judges must interact with one another in terms of setting trials.
Bob also explained how double jeopardy is a nuanced concept in the law and how in New York the laws of double jeopardy are broader than the protection that the federal constitution applies.