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....
What Is Obstruction of Justice? Let Me Count the Ways
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...