By Sara Kropf We had a big year at Law Office of Sara Kropf. The biggest news is that we don’t exist anymore. Not to worry, though. Andrea Moseley joined the firm, and we are now Kropf Moseley Schmitt. With three lawyers, we are practically a legal empire. We’re still...
Congress Tackles Insider Trading
By Dan Portnov Not busy enough with impeachment in the run up to the holidays, the U.S. House of Representatives on December 5 passed a bipartisan bill to prohibit insider trading. The Insider Trading Prohibition Act passed by a vote of 410 to 13 and now awaits a...
Michael Cohen’s Sentencing Reduction Request Reveals the Minuscule Bargaining Power of a Cooperating Defendant
By Sara Kropf Back in September 2018, I wrote about how Michael Cohen was pleading guilty without the benefit of a cooperation agreement. I said that it was possible that the government would later file a Rule 35 motion, seeking a reduction in his sentence based on...
The Hoskins Prosecution Comes To An End
By Dan Portnov On Friday, November 8, 2019, Lawrence Hoskins was convicted of violating the Foreign Corrupt Practices Act.[1] The jury verdict, delivered on a Friday afternoon in Connecticut, barely made the national news (the bar has been set higher these days), but...
Why Is DOJ Trying to Unfairly Disqualify Defense Counsel for “Conflicts”?
By Sara Kropf There seems to be a disturbing trend by Department of Justice attorneys to encourage defense counsel to disqualify themselves based on a supposed “conflict of interest” without disclosing to defense counsel why the prosecutor thinks a conflict exists....
DOJ Clarifies the Stakes for Corporate Wrongdoers
By Dan Portnov You know that it’s been a busy month in law enforcement news when a speech and memo announcement by DOJ Criminal Division Assistant Attorney General (AAG) Brian Benczkowski concerning corporate criminal penalties arrives with little fanfare. It must be...
Does the Government Have to Turn Over FBI 302s in Discovery?
By: Sara Kropf The government usually turns over interview memos, or FBI 302s, during discovery in a criminal case. As I’ve written before, a 302 is a summary of a witness interview written by an FBI agent. It is in narrative form, sometimes has quotes in it (but more...
How an OIG Investigation Becomes a Criminal Investigation
By: Sara Kropf The following excerpt is from our upcoming e-book, A Guide to OIG Investigations for Federal Employees and Contractors. It’s filled with all sorts of useful information on the OIG investigations. We chose this excerpt in light of recent news about the...
Calling DOJ’s Bluff: Why a Stand-Alone False Statement Charge Is the Sign of the Weak Prosecution
By: Sara Kropf On September 4, 2019, after just a few hours of deliberation, a jury in federal district court in Washington, DC found former White House counsel Gregory Craig not guilty of one count of making a false statement. Mr. Craig had an excellent legal team...
Trial for the Terrified
By Dan Portnov I’ll make a confession: I am not a trial attorney. If you need a Johnny Cochran or Benjamin Brafman-type courtroom wizard, I’m not your guy and I never will be. Still… I love trial. I’ve done several and had my moments of glory. It is a rush and...