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Oh Goody! Another DOJ “Cooperation” Program—This Time, It’s All About the $$$

Oh Goody! Another DOJ “Cooperation” Program—This Time, It’s All About the $$$

by Kropf Moseley Schmitt | Mar 12, 2024

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...

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Location, Location, Location – DOJ Fails to Meet the Low Standard for Venue in Criminal Cases

Location, Location, Location – DOJ Fails to Meet the Low Standard for Venue in Criminal Cases

by Kropf Moseley Schmitt | Feb 8, 2024

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...

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How Can Plea Agreements in White Collar Criminal Cases Be “Knowing” When the Government Does Not Disclose Exculpatory Evidence Under Brady?

How Can Plea Agreements in White Collar Criminal Cases Be “Knowing” When the Government Does Not Disclose Exculpatory Evidence Under Brady?

by Kropf Moseley Schmitt | Jan 9, 2024

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...

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Sentencing Letters Matter When Your Client’s “Very Future Hangs in the Balance”

Sentencing Letters Matter When Your Client’s “Very Future Hangs in the Balance”

by Kropf Moseley Schmitt | Nov 29, 2023

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...

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On Drinking the Kool-Aid (SBF Verdict Edition)

On Drinking the Kool-Aid (SBF Verdict Edition)

by Kropf Moseley Schmitt | Nov 6, 2023

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...

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DOJ’s Increased Focus on Criminal Trade Secrets Cases

DOJ’s Increased Focus on Criminal Trade Secrets Cases

by Kropf Moseley Schmitt | Sep 7, 2023

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...

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I Didn’t Have “Media Stories about Protective Orders” on This Year’s Bingo Card

I Didn’t Have “Media Stories about Protective Orders” on This Year’s Bingo Card

by Kropf Moseley Schmitt | Aug 7, 2023

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...

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A Moth to a Flame: No-Contact Orders and Early Jencks in the Trump Case

A Moth to a Flame: No-Contact Orders and Early Jencks in the Trump Case

by Kropf Moseley Schmitt | Jun 27, 2023

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,...

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DOJ Says Incomplete 302s Resulted from an “Inadvertent Failure of Process”: The Irony(!) and the Uncurable Prejudice of a Retrial

by Kropf Moseley Schmitt | May 31, 2023

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...

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Fascinating Article (With Useful Comparison Chart!) about the Yates Investigation into Women’s Soccer Abuse Allegations

by Kropf Moseley Schmitt | May 9, 2023

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...

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