By Sara Kropf I would guess that most people have a basic understanding of what it means to commit murder or kidnap someone or sell illegal drugs. Yes, some lawyer is dying to tell me how people don’t really understand malice aforethought, but you get my point. Many...
Don’t Laud DOJ for Dismissing Weak Charges – It’s Not Enough
By Sara Kropf This week, the Department of Justice announced that it was dropping charges against MIT professor Gang Chen. It had accused him of hiding his ties to China and indicted him for wire fraud, failing to report a foreign bank account, and making a false...
Top 10 Posts of 2021 – and BIG NEWS!
By Sara Kropf This past year has been a doozy. Our collective hopes for a “normal” year were dashed, even with the amazing COVID vaccine (thank you science!). But #wepersisted, right? First, our big news: As some of you know, we had a new addition to Kropf Moseley....
Two Prosecutor Clichés that Defense Lawyers Love to Hate
By Sara Kropf This post is more of a rant than a reasoned analysis of a legal issue in the white collar criminal defense world. There are two phrases that I am tired of hearing a prosecutor say: “Your client needs to have a come to Jesus moment” and “Your client knows...
Foreign Agents Registration Act (FARA) – Enforcement and Exemptions – Part 2
By: Jaime Rosenberg In Part 1 of this series, I outlined the history of the Foreign Agents Registration Act (FARA), 22 U.S.C. 611 et seq., what triggers the need to register under FARA, and more specifically, when a person is viewed as an “agent” for purposes of FARA....
Legal Ethics-Newly Minted Leniency for Negotiated Discipline
compass with needle pointing the word ethics. Conceptual 3d illustration of business integrity and moral By Andrea L. Moseley Institutionalized leniency, in any form, is music to my ears. When it comes to sanctions, hard line rules and policies rarely benefit my...
Proffer Agreements Can Be Trap Doors
By Sara Kropf A proffer agreement—or “queen for a day” agreement*—is the shiny fruit tart of the white collar defense world. It looks so lovely and perfect in the bakery window, but after your first bite, you realize that it tastes awful.** Proffer agreements look...
Foreign Agents Registration Act (FARA) – The Basics Part 1
By: Jaime Rosenberg The Department of Justice (DOJ) has had a surge in the last couple of years in Foreign Agents Registration Act (FARA), 22 U.S.C. 611 et seq., enforcement, releasing DOJ advisory opinions, guidance, and for the first time in 2020, mostly unredacted...
Cryptocurrency and Pandemic Relief Fraud–More Investigative Obstacles
By Andrea L. Moseley The Special Inspector General for Pandemic Recovery (“SIGPR”), Brian D. Miller, recently put out a plea for crypto companies to lend a hand in SIGPR's efforts to combat Pandemic Relief Fraud. At the end of September, SIGPR Miller and his former...
Criminal Conflicts of Interest 101
By Sara Kropf We see a lot of criminal conflict of interest cases in our firm. Our federal government employee clients often face an investigation based on a vague allegation of a “conflict of interest.” Maybe the client applied for a job with a private company when...