By Sara Kropf The Sean “Diddy” Combs criminal case has garnered plenty of attention for its salacious allegations. Rather than parsing the RICO and other charges, however, I’m going to capitalize on the case to explain some of the nuts and bolts of pretrial practice...
Our Top 10 Posts from 2024
By Sara Kropf As we enter 2025, we want to thank all our loyal readers for taking the time to visit Grand Jury Target and read our posts. When we updated our website late in 2022, we moved our blog “in-house,” so to speak, so people looking at our bios could also see...
Will the Trump Administration (Ab)Use Office of Inspector General Investigations for Political Ends? Federal Employees and Federal Contractors Have Reason to Worry
By Sara Kropf Some of our clients who are under investigation by an Office of Inspector General (OIG) believe that the investigation is “political.” They are often convinced that they are under investigation because of their political views or because they were...
Unavailable Witnesses, Remote Trial Testimony, and the Confrontation Clause
By Sara Kropf The Covid-19 pandemic changed how lawyers do our work. Depositions and meetings are conducted via Zoom instead of having everyone travel to one place. But one thing that (mostly) hasn’t changed is trial. Everyone physically gathers in a courtroom: the...
The Second Circuit Makes It More Difficult to Trust Prosecutors: Jeffrey Epstein Saga Adds to Circuit Split Over the Reach of NPA Promises
By Rebecca Guiterman Last week, the Second Circuit upheld Jeffrey Epstein associate Ghislaine Maxwell’s sex trafficking conviction and 20-year sentence. On appeal, one of the questions presented was whether Mr. Epstein’s non-prosecution agreement (NPA) with the United...
DOJ Lawyer Charged With Violating Six Rules of Professional Conduct: This One Feels Personal
By Sara Kropf In late 2017, I represented a client who participated in a protest against the inauguration of Donald Trump in the District of Columbia on January 20, 2017. She was charged with conspiracy to engage in felony rioting, among other things, and faced the...
Why the Good Faith Instruction Is the GOAT: The Autonomy Acquittals
By Sara Kropf A few weeks ago, a California federal jury acquitted two former executives of the British software company Autonomy of conspiracy and wire fraud charges. It was a remarkable outcome, particularly since Autonomy’s CFO had been convicted of similar charges...
MLATs: They’re Not Just for DOJ Anymore (Maybe)
Note: A shorter version of this post was published by Bloomberg News on May 14. You can find the article here. By Sara Kropf I’ve written before about the Department of Justice’s questionable tactics in an FCPA case against two former executives for Cognizant...
The Department of Justice Office of Public Affairs Is Not Doing Its Job
By Sara Kropf Note: A similar version of this article was also published in Law360. When the Department of Justice indicts a defendant or prevails at trial, the Office of Public Affairs issues a press release. Those press releases tout the seriousness of the charged...
Oh Goody! Another DOJ “Cooperation” Program—This Time, It’s All About the $$$
By Sara Kropf It has become a running joke among the defense lawyers I know that we can’t wait to see what the Department of Justice will announce as its newest “cooperation” policy at the annual ABA White Collar Crime conference. The ABA conference is the largest of...