In Part 1 of this series, I outlined the history of the Foreign Agents Registration Act (FARA), 22 U.S.C. 611 et seq., what triggers the need to register under FARA, and more specifically, when a person
Continue Reading Foreign Agents Registration Act (FARA) – Enforcement and Exemptions – Part 2
compass with needle pointing the word ethics. Conceptual 3d illustration of business integrity and moralBy Andrea L. Moseley
Institutionalized leniency, in any form, is music to my ears. When it comes to sanctions, hard line rules and policies rarely benefit
Continue Reading Legal Ethics-Newly Minted Leniency for Negotiated Discipline
A proffer agreement—or “queen for a day” agreement*—is the shiny fruit tart of the white collar defense world. It looks so lovely and perfect in the bakery window, but after your first bite, you realize that it
Continue Reading Proffer Agreements Can Be Trap Doors
The Department of Justice (DOJ) has had a surge in the last couple of years in Foreign Agents Registration Act (FARA), 22 U.S.C. 611 et seq., enforcement, releasing DOJ advisory opinions, guidance, and for
Continue Reading Foreign Agents Registration Act (FARA) – The Basics Part 1
The Special Inspector General for Pandemic Recovery (“SIGPR”), Brian D. Miller, recently put out a plea for crypto companies to lend a hand in SIGPR’s efforts to combat Pandemic Relief Fraud. At the end of September,
Continue Reading Cryptocurrency and Pandemic Relief Fraud–More Investigative Obstacles
We see a lot of criminal conflict of interest cases in our firm. Our federal government employee clients often face an investigation based on a vague allegation of a “conflict of interest.” Maybe the client applied for
Continue Reading Criminal Conflicts of Interest 101
The House Select Committee investigating the January 6th riot has asked 35 telecommunications and social media companies to preserve phone records and other information belonging to members of Congress, former President Donald Trump, and members of the
Continue Reading Who Has Access to Your Data: House Select Committee Investigation Raises Privacy Concerns
Author and instructor at Harvard University, Carmine Gallo, aptly observed that the art of persuasion has not changed in 2,000 years. Understanding these principles and how to apply them is critical in our practice of
Continue Reading Investigations and the Art of Persuasion
Regular readers of this blog (hi Mom!) know that I enjoy it when a court disagrees with the Department of Justice. After all, DOJ usually wins.
A federal judge recently told DOJ that it cannot hire a
Continue Reading Court Says DOJ Cannot Use Private Contractors to Assist with Criminal Discovery But Is This Bad for Defendants?
As a general matter, there’s no love lost between prosecutors and defense lawyers. But in one very important way, defense lawyers place an incredible amount of trust in prosecutors.
When I say there’s no love lost, I
Continue Reading The Weird-But-Necessary Level of Trust Between Defense Lawyers and Prosecutors
