By: Jaime Rosenberg The Department of Justice keeps touting its focus on FARA prosecutions—even if it is having a hard time winning them. In late March 2022, U.S. District Court Judge Anthony Trenga granted a new trial to a former business partner of President Donald...
Is Zoom Call Data the Next Investigative Frontier for DOJ?
By Sara Kropf The pandemic has brought many changes to the practice of law, but perhaps the biggest is the ubiquity of video calls to replace meetings and regular phone calls. There are definite upsides: less travel and lower bills to clients as a result, more...
How Many Times Can DOJ Try a Case After a Hung Jury? DOJ “Jury Shopping” for a Conviction
By Sara Kropf For the government to win at trial, it must convince all 12 jurors to vote guilty. For the defendant to win at trial, he must convince all 12 jurors to vote for acquittal. If there is an acquittal, then the case is over, and the government cannot try...
Judges Should Stop Letting DOJ Get Away With Brady Violations
By Sara Kropf If the Department of Justice has accused someone of a crime, it's no surprise that he can’t say, “aw, ya got me,” and walk away from the accusation. Au contraire. DOJ will prosecute that person to the fullest extent of the law and the whole process will...
Are you too late? Recent guidance on leniency from DOJ-Antitrust
By Andrea L. Moseley On April 4, 2022, the Department of Justice's Anti-Trust Division (the "Division") provided some welcome guidance on its Leniency Program. The Division announced updates to its Leniency Policy and issued a revised set of nearly 50 frequently asked...
Something I Like Less Than Steve Bannon
By Sara Kropf I don’t like Steve Bannon. His political views are distasteful, to say the least. There have been credible allegations that he defrauded people. He was the architect of several awful Trump’s policy decisions like withdrawing from the Paris Climate...
This Is Why Defense Lawyers Can’t Trust Prosecutors (The 1MDB Discovery Debacle)
By Sara Kropf In a high-profile case in the Eastern District of New York, the Department of Justice has once again shown that it cannot be trusted when it comes to discovery. DOJ recently disclosed that it had failed to give 15,500 pages of emails from its star...
The Surprisingly Low Standard for a Search Warrant
By Sara Kropf A few days ago, the media reported that former President Donald Trump had classified materials at his Mar-a-Lago residence. As of today, the materials are apparently still there. If this were anyone other than the former president, I can pretty much...
White-Collar Trends in 2021
By: Jaime Rosenberg A lot happened in the white-collar realm in 2021 and the Biden administration. The Department of Justice outlined a plan to increase its enforcement of white-collar crimes. It’s no surprise, then, that the number of white-collar criminal...
Permission to Violate the Law? Public Authority Defenses in the Limelight
Photo by Ricardo Esquivel on Pexels.com By Andrea L. Moseley On Friday January 28, 2022, Gabriel Garcia filed his notice of intent to assert a public authority defense in response to the six count indictment pending against him for conduct relating to January 6, 2021....