After an internal investigation, the company being investigated must decide whether it wants the law firm (or investigative firm) to author a report of the investigation’s conclusions. The results of this decision may have unintended consequences for both the company...
By: Sara Kropf I have previously posted about the upcoming trial of Donald Blankenship, the former CEO of Massey Energy Company. Mr. Blankenship was indicted on several charges, including conspiracy to violate federal mine safety standards, following a fatal explosion...
By: Sara Kropf The D.C. Circuit recently slapped down the government in a criminal forfeiture proceeding. In United States v. SunRise Academy, the D.C. Circuit reaffirmed the importance of allowing third parties a fair chance to challenge the government’s seizure of...
By: Sara Kropf In recent years, the government has increasingly prosecuted individuals under the federal aggravated identity theft statute. This increase may be from the legitimate increase in identity theft but it may also result from the government’s realization...
By: Sara Kropf The Ninth Circuit Court of Appeals just made it easier for the government to win a conviction in a bank fraud case. It recently ruled that the government need prove only that the defendant intended to deceive the bank, and not that he intended for the...
By: Sara Kropf Shell Oil and Shell International (collectively “Shell”) have been named in a defamation action by a former employee which relates to a criminal investigation. The employee claimed that Shell made defamatory statements in its report to the Department of...
By: Sara Kropf Seeking revenge against political opponents is a time-honored American tradition. Why is the Department of Justice contending that it is a crime? Three former high-ranking officials in the Port Authority of New York and New Jersey have been implicated...
By: Sara Kropf Brady v. Maryland requires a prosecutor to disclose evidence that is favorable to the defense. Yet many critics have correctly pointed out that unless there exists a way to discipline prosecutors who willfully violate this obligation, it is an abstract...
By: Sara Kropf There’s no question that corporate executives enjoy certain perks. They come with the job, right? The government can’t outlaw corporate perks, but the SEC has cracked down on the proper disclosure of them. It recently sued the former CEO of...
By: Sara Kropf Whistleblowers are a problem for corporations and a boon for the SEC. The SEC relies in part on whistleblowers to identify possible wrongdoing within publicly-traded companies. From the agency’s perspective, the employees and officers of a company are...