When about 98% of federal criminal cases end with a plea bargain, the sentencing process plays a much larger role in a white-collar defense lawyers’ practice than most people realize. At sentencing, we try to focus
Latest from Grand Jury Target
On Drinking the Kool-Aid (SBF Verdict Edition)
It’s hard to believe that it was only a year ago that CoinDesk broke the story that kicked off the investigation into Sam Bankman-Fried, FTX, and Alameda Research. Since then, we’ve heard about SBF’s $35 million Bahamas
DOJ’s Increased Focus on Criminal Trade Secrets Cases
Trade secrets cases are on the rise. Most often, they happen when an employee steals confidential computer code or client lists or marketing plans. You may think of them as disputes between employers and employees (or, in
I Didn’t Have “Media Stories about Protective Orders” on This Year’s Bingo Card
A Moth to a Flame: No-Contact Orders and Early Jencks in the Trump Case
By Sara Kropf
In case you’ve been living under a rock recently, former President Donald Trump was indicted on 37 federal criminal charges relating to classified documents and obstruction of justice. I’m not going to deny that I enjoy this
DOJ Says Incomplete 302s Resulted from an “Inadvertent Failure of Process”: The Irony(!) and the Uncurable Prejudice of a Retrial
By Sara Kropf
When a regular person does something wrong, the Department of Justice has no qualms about bringing criminal charges against him. When the Department of Justice does something wrong, well, it asks for a second chance.
A few
Fascinating Article (With Useful Comparison Chart!) about the Yates Investigation into Women’s Soccer Abuse Allegations
Our good friend Sarah Hall wrote an excellent article in the ABA’s Criminal Justice Magazine with Zachary Taylor about the investigation of allegations of abuse in women’s professional soccer conducted by Sally Yates for the U.S. Soccer
DOJ’s Outsourcing of Investigations Under Fire (Again)
The Department of Justice repeatedly issues guidance to beg coerce encourage companies to self-report wrongdoing and, in effect, sell out their executives as the wrongdoers. As part of this “cooperation,” companies will conduct an internal investigation, review
Surprise Arrests and Scheduled Arrests – Or, Why Donald Trump Will (Likely) Know His Arrest Date
A few days ago, Donald Trump issued a statement that he expected to be arrested on a specific date. (The announcement was in all caps, of course.) While the arrest did not happen as Mr. Trump apparently
Surprise Arrests and Scheduled Arrests – Or, Why Donald Trump Knows His Arrest Date (Updated)
UPDATE 4.1.2023 (not an April Fool’s joke): The media has reported that Donald Trump will be formally arrested in New York on April 4, 2023.
For folks who watch lots of crime procedural dramas, you may be