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...
On Drinking the Kool-Aid (SBF Verdict Edition)
By Sara Kropf 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 penthouse, the supposedly...
DOJ’s Increased Focus on Criminal Trade Secrets Cases
By Rebecca Guiterman 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 one instance, by a...
I Didn’t Have “Media Stories about Protective Orders” on This Year’s Bingo Card
By Sara Kropf Protective orders in criminal cases are . . . . typical. Boring, even. (Are you really going to read a blog post about protective orders?) But even the most mundane procedural matters seem to take on outsized importance when they arise in the criminal...
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 spectacle in many respects,...
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 years ago, I wrote about...
Fascinating Article (With Useful Comparison Chart!) about the Yates Investigation into Women’s Soccer Abuse Allegations
By Sara Kropf 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 Federation. The...
DOJ’s Outsourcing of Investigations Under Fire (Again)
By Sara Kropf 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,...
Surprise Arrests and Scheduled Arrests – Or, Why Donald Trump Knows His Arrest Date (Updated)
By Sara Kropf 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 disappointed to learn that most people accused of...
It’s Not What You Say, It’s How You Say It: Encrypted Messaging as a DOJ Weapon
By Sara Kropf Messaging apps abound. Our digital devices capture just about everything about our personal and professional lives. That's not necessarily bad. But then we hear about security breaches and hackers and tech companies using our personal data every which...