By: Sara Kropf One of the primary differences between criminal and civil liability is that criminal liability requires the government to prove that the defendant acted wrongfully. In a civil case, an employer may be held liable under a theory of respondeat superior if...
By: Sara Kropf The common interest (sometimes called “joint defense”) privilege serves an invaluable strategic role in complex white-collar cases. It allows the targets of an investigation to work together, without fear that the government will discover their...
By: Sara Kropf The Computer Fraud and Abuse Act (CFAA) has been an increasingly popular tool for DOJ over the last few years. A recent case against the St. Louis Cardinals’ Director of Baseball Development is an easy introduction to the statute. Christopher Correa...
By: Sara Kropf When I was a brand-new associate at a big firm, I volunteered to work on an internal investigation into accounting irregularities at a public company. I knew nothing about internal investigations. Before we started interviewing employees, a partner...
By: Sara Kropf In the tried-and-true tradition of blogs everywhere, here's a list of the top 10 most-read posts on Grand Jury Target. Some were a surprise to me, others not so much. Hot topics: taint teams, search warrants and the Yates Memo. Plus, statutes of...
By: Sara Kropf I previously posted about an interesting case involving the Eleventh Circuit’s interpretation of one of the public bribery statutes, 18 U.S.C. § 666. Well, the Eleventh Circuit is at it again. This time, it didn’t turn out as well for the defendant. In...
By: Sara Kropf Health care fraud has long been a focus of the Department of Justice. In 2014, DOJ recovered nearly $6 billion (that’s billion with a “b”) from civil health care fraud cases. DOJ has had its share of setbacks too. Just last week, a Northern Virginia...
By: Sara Kropf The trial of Donald Blankenship has been all over the media. I've written about it here and here and here and here. Today, the jury reached its verdict. It found Mr. Blankenship guilty on one charge of conspiracy to avoid certain mine-safety laws. This...
By: Sara Kropf I have a lot to be thankful for: a wonderful husband, two great kids, a job I love. These are tumultuous times, no doubt. There are terrorist attacks in Paris. Presidential candidates lump innocent Syrian refugees with religious radicals. Political...
By: Sara Kropf In United States v. McLean, the Eleventh Circuit narrowed the government’s ability to convict defendants who are accused of public bribery under 18 U.S.C. § 666. This statute covers bribery related to programs that receive federal funds. After his...