Stupidity: On 9/12/05, during Eve's trial, her sister Liz stood up in the courtroom and began a diatribe in which she discussed subject matter relevant to the trial. Ethan then told Eve that this had harmed her chances. Why, then, didn't Ethan ask for a mistrial? A prolonged outburst like that is a classic example of something that would precipitate a mistrial.
Stupidity: Early on in the show Tony had a rule about talking business on the phones. He even scolded Tony Blundeto about talking too boldly on the phone. Now he's speaking with Sil on a phone openly about the FBI finding a body from 25 years ago. If the government is listening in he gave them all the ammunition they need to focus their probe. Even when they speak in code, the government has experts that decipher it and testify to its nature. They even used names which help identify the parties involved. (00:21:16 - 00:22:00)