By: Sara Kropf We usually think about the right to a jury as one for a defendant facing charges. But it’s worth remembering that agencies are people too. Well, at least when it comes to the right to a jury trial in a civil case. In a recent Ninth Circuit opinion, the...
By: Sara Kropf Fellow blogger and professor Mike Koehler is bringing his famed "FCPA Institute" to Washington, DC on September 19 and 20. If you've always wanted to handle FCPA cases, or already handle them but want to learn more, go to this event. Here's more detail...
By: Sara Kropf Dear Governor McDonnell’s Legal Team: As you probably know, the government decided not to retry Governor Bob McDonnell yesterday. This is big news. It follows his victory in the Supreme Court. He won. You won. Was this the best paragraph you've ever...
By: Sara Kropf When I meet with a new client, particularly a corporate executive under criminal investigation, we talk about emails. I tell him that he should use his personal email account to communicate with me, not his work account, since his employer has the right...
By: Sara Kropf I was surprised to read the headline of a recent DOJ press release: "Former Acclarent, Inc. Executives Convicted of Crimes Related to the Sale of Medical Devices." I was surprised because I thought I'd read that the case had been a big win for the...
By: Sara Kropf After I wrote my last post, I was reminded about another big win that I should have mentioned before. Greg Poe, Preston Burton and Rachel Li Wai Suen won a complete acquittal for former high-ranking army officer Edwin Livingston. Here's a short summary...
In the past few months, there have been several big wins for white-collar defendants. Because we’re in desperate need for some good news as of late, here are highlights of those victories. As I’ve pointed out before, DOJ doesn’t publicize its losses, so it’s...
By: Sara Kropf Last year, I won the coveted (among geeky law bloggers) ABA Blawg 100 award. I'll be honest: I put in a lot of time on this blog and that little award meant a lot. I even got a great little badge to put on the blog. Yes, I should get out more. I'm...
By: Sara Kropf It is very rare for a defendant in a white collar criminal case to be detained pretrial. The two primary factors under the Bail Reform Act are whether the defendant (1) is a danger to another person or to the community, or (2) is a risk of flight. 18...
By: Sara Kropf The Computer Fraud and Abuse Act has been used by prosecutors to charge individuals who "exceed authorized access" (or act "without authorization") on a computer--sometimes their employers' computers, sometimes a stranger's computer that they are...