By: Sara Kropf I promise a real post later this week (isn't the anticipation killing you?), but, meanwhile, NACDL is looking for examples of cases involving a "trial penalty." For those of you who are unfamiliar with the term, a "trial penalty" is the price our...
Judge Jed Rakoff Is Never Boring
By: Sara Kropf There have been a lot of reasons to find SDNY Judge Jed S. Rakoff interesting. But the most recent one--involving his resignation from a federal commission over forensic science discovery rules--is in the top 10. (Be sure to read the update below--he...
Will I Be Free on Bail Pending Appeal? For Governor McDonnell, the Answer Is Yes
By: Sara Kropf When you lose at trial in a white-collar case (read: most of the time), one of your client’s first questions will be, “will I stay out of prison while we appeal?” This is one time when a white-collar defendant usually has a big advantage over a...
6 Problems With Marketing White-Collar Defense Work
By: Sara Kropf Sunday, January 25, is the two-year anniversary of my solo practice. Two years ago, I was a partner at a big firm. I was pretty happy, very well compensated—and looking for more. So I left. Some said it was great. Others probably thought I was crazy but...
A Tragic Update–Prosecution Ends With the Defendant’s Suicide
By: Sara Kropf A few months ago, I wrote about the indictment of Alfred Villalobos and Federico Buenrostro. Mr. Villalobos had allegedly been part of a massive pay-for-play investment fraud involving CalPERS. Mr. Buenrostro (the former CEO of CalPERS) pleaded guilty...
The Guidelines Are “Ridiculous”: Governor McDonnell’s Two-Year Sentence
By: Sara Kropf Former Governor Robert McDonnell was sentenced today to two years in prison for public corruption. Given that the government asked for a sentence in the 10-12 year range, a two-year sentence is a remarkable outcome. In criminal defense work, sometimes...
7 Tips to Protect the Privilege When the Government Executes a Search Warrant
By: Sara Kropf At the recent ABA White Collar Crime Institute in sunny Miami, I was lucky enough to be on an excellent panel about search warrants. The panel was notable because it had a solid cast of speakers and was in a room the size of my entire house. About 150...
Did the Founding Fathers Think the Fourth Amendment Would Protect our iPhones?
By: Sara Kropf Our mobile devices increasingly hold the details of our lives. Our phones hold the names and contact information of our friends, family and colleagues. They maintain our calendars and plans. They track our internet activity and preferences, store...
Yet Another Way the Deck Is Stacked Against Defendants—Granting Witness Immunity
By: Sara Kropf Brent Roger Wilkes is nothing if not tenacious. In November 2007, he was convicted of wire fraud, bribery, conspiracy and money laundering, all in connection with a scheme to bribe former California State Congressman Randall “Duke” Cunningham and to...
Is This The First Domino to Fall in FCPA Case? French Citizen Pleads Guilty to Obstruction in Foreign Bribery Case
By: Sara Kropf A French citizen appeared in a Manhattan federal court on March 10, pleading guilty to obstructing a government investigation into bribes paid to secure mining rights in Guinea. Mr. Frédéric Cilins, a 51-year-old businessman, had been arrested during an...