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By Andrea Moseley Since late Spring, I have been tracking emerging trends in COVID-19 related fraud. In May, DoJ charged the first individuals in the nation with fraudulently seeking CARES Act SBA Paycheck Protection Loans. As expected, DoJ’s well-funded appetite for prosecuting these types of cases has only intensified since May. In my blog covering the first Paycheck Protection Program (“PPP”) prosecution out of the District of Rhode Island, I suggested that all eyes…
By Sara Kropf Lawyer Sidney Powell appeared at a press conference a few days ago as a member of the President’s legal team and made a few jarring comments (most notably about Cesar Chavez trying to rig the U.S. election). A few days later, the President’s lead personal attorney issued a statement that appeared to remove her from the legal team. It read: Sidney Powell is practicing law on her own. She is not…
By Sara Kropf The Washington Post recently published an interesting article evaluating the risk that President Trump might reveal classified information after he leaves office. The article highlights the amount of amount of classified information revealed to presidents, particularly during their daily security briefings. All presidents exit the office with valuable national secrets in their heads, including the procedures for launching nuclear weapons, intelligence-gathering capabilities — including assets deep inside foreign governments — and the…
By: Sara Kropf I have a Gmail account for personal use. You likely do too. And nearly every one of my clients has one. In fact, Google owns about 43% of the email market. Gmail has about 1.8 billion users and about 306 billion emails are sent and received daily in 2020. Who cares about Gmail this much? The federal government does. That’s because people still send a lot of interesting things via email. The…
By Andrea L. Moseley Just before I took a blogging detour into the world of lawyer/tennis players, I promised to post a straightforward analysis of the certifications within Economic Injury Disaster Loans (EIDL) and Paycheck Protection Program (PPP) applications. Now is the perfect time to refocus on these original application certifications as we head into a time when the new wave of forgiveness applications is beginning to take shape.  Just recently, the Small Business…
By: Sara Kropf There has been a lot of news lately about grand jury subpoenas. It’s not often you see a sitting President filing multiple motions seeking to prevent his accountant from producing copies of his tax records. These are certainly unusual times. So, what exactly is a grand jury subpoena? And when can you challenge one? The Basics To understand a what grand jury subpoena is, you must first understand what a grand jury…
By: Sara Kropf This is an embarrassing story. I promise it will make sense in the end. In 1991, I was finishing my senior year in high school in suburban Georgia. I’d joined the mock trial team, and we had our competition one Saturday at a nearby courthouse. I needed a suit for court. My mom was a nurse, and she didn’t have a business suit for me to borrow. We didn’t really have extra…
By Sara Kropf The Department of Justice has embrace electronic surveillance in white-collar criminal cases. Search warrants to ISPs or phone companies for emails and text messages, or forensic analyses of a client’s electronic devices are the norm. I tell clients that by the time we learn about a criminal investigation, DOJ has already issued a search warrant or subpoena to Google for their Gmail account. One aspect of the the September 2020 update to…
By Andrea L. Moseley Have you ever wondered why so many seasoned trial lawyers excel at Tennis? In my view, as a former Division III collegiate tennis player and a White Collar litigator, it is not a coincidence. Especially in the midst of this unusual pandemic Tennis season, I have been thinking more and more about how the singles tennis player must deal with many of the same struggles that most trial lawyers encounter. In…
By Sara Kropf There are a few fundamental constitutional rights for a criminal defendant. The right to a lawyer. The right to confront witnesses. The right not to incriminate yourself. And the right to a jury trial. One disappointing part of law school was learning how limited these rights are in real life. For example, you can be under criminal investigation for years and be interviewed by the government repeatedly—all without a lawyer. The right…