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...
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...
Location, Location, Location – DOJ Fails to Meet the Low Standard for Venue in Criminal Cases
By Sara Kropf Where the government indicts someone affects a host of key elements of a criminal case: How quickly the defense team will obtain key pretrial discovery; the composition of the jury pool; the speed of the trial; and likely outcomes for sentencing. In...
How Can Plea Agreements in White Collar Criminal Cases Be “Knowing” When the Government Does Not Disclose Exculpatory Evidence Under Brady?
By Sara Kropf When 98% of federal criminal cases are resolved by plea agreements, you may expect that courts would fiercely protect defendants’ constitutional rights during the plea bargaining stage. Nothing could be further from reality. In fact, the Supreme Court...
Sentencing Letters Matter When Your Client’s “Very Future Hangs in the Balance”
By Sara Kropf 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 the court on the client as a person and...