By: Sara Kropf Definition: Spoof Noun a mocking imitation of someone or something, usually light and good-humored; lampoon or parody; 2. a hoax; prank. Verb to mock (something or someone) lightly and good-humoredly; kid; 4. to fool by a hoax; play a trick on,...
How Much Cooperation Is Enough to Avoid Prison?
By: Sara Kropf How much cooperation with the government does your client have to provide to avoid prison? If portfolio manager Reema Shah is any example, the answer is…over a year. On May 21, 2014, Ms. Shah pleaded guilty to conspiracy to commit securities fraud and...
A Look-Back Review Gone Wrong – SEC Charges Wells Fargo Compliance Consultant with Altering Records Related to Insider Trading
By: Sara Kropf The SEC has charged Judy Wolf, a former compliance consultant for Wells Fargo Advisors, with falsifying records that were submitted to the SEC during the investigation of a registered Wells Fargo representative. Ms. Wolf allegedly falsified her internal...
When an FBI Agent is the Bad Guy
By: Sara Kropf On September 30, 2014, Robert Lustyik entered a guilty plea in connection with alleged grand jury tampering and obstruction of justice. Mr. Lustyik has been charged with interfering with the investigation of his alleged business partner, Michael Taylor....
When Criminal Law and the First Amendment Meet: Can Internal Investigation Reports Be Defamation?
By: Sara Kropf At the end of an internal investigation, outside counsel frequently prepares a written report. That written report may be for the Board of Directors only or it may be passed along to the Department of Justice. In the report, the company has every...
Betraying a Client’s Trust: Wilson Sonsini Employee and CEO of Investor Relations Firm Separately Accused of Insider Trading
By: Sara Kropf The Department of Justice and the Securities and Exchange Commission are not specifically tasked with protecting client confidentiality of U.S. corporations. But the calculus changes when service providers use their client’s confidential information to...
Guns, Not Drugs—Two Recent Arms Export Control Act Prosecutions
By: Sara Kropf If a lawyer at a cocktail party introduces himself to you as an “international trade lawyer,” would you think “oh, how boring”? You shouldn’t. There may be some less-than-exciting aspects of trade law (see, e.g., anti-dumping work) but this regulatory...
Five Early Musings on the McDonnell Guilty Verdict
By: Sara Kropf Yesterday a jury in Richmond found former Governor Robert McDonnell and his wife guilty of public corruption. Here are the details of it. I’m sure many others will offer in-depth analysis of the verdict in the coming days. Here are my initial thoughts...
White-Collar Crime Resource Guide: What is a Grand Jury Target?
By: Sara Kropf Some questions from clients or issues in white collar criminal defense cases come up over and over. I’ll periodically post Resource Guides to cover those questions and issues. Reminder: this is not legal advice. There are three categories of individuals...
Written Juror Questionnaire Torpedoes Defendant’s Speedy Trial Act Motion
By: Sara Kropf In complex white-collar trials, it’s not uncommon for the court to send written questionnaires to potential jurors ahead of the start of trial. The questionnaires are generally mailed to the potential jurors by the court a few weeks before trial. Having...