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...
Who Has Access to Your Data: House Select Committee Investigation Raises Privacy Concerns
By Jaime Rosenberg The House Select Committee investigating the January 6th riot has asked 35 telecommunications and social media companies to preserve phone records and other information belonging to members of Congress, former President Donald Trump, and members of...
Investigations and the Art of Persuasion
By Andrea L. Moseley Author and instructor at Harvard University, Carmine Gallo, aptly observed that the art of persuasion has not changed in 2,000 years. Understanding these principles and how to apply them is critical in our practice of defending individuals and...
Court Says DOJ Cannot Use Private Contractors to Assist with Criminal Discovery But Is This Bad for Defendants?
By Sara Kropf Regular readers of this blog (hi Mom!) know that I enjoy it when a court disagrees with the Department of Justice. After all, DOJ usually wins. A federal judge recently told DOJ that it cannot hire a private company (Deloitte) to help process voluminous...
The Weird-But-Necessary Level of Trust Between Defense Lawyers and Prosecutors
By Sara Kropf As a general matter, there’s no love lost between prosecutors and defense lawyers. But in one very important way, defense lawyers place an incredible amount of trust in prosecutors. When I say there’s no love lost, I don’t mean on a personal level; I’m...
Can Prosecutors Avoid Creating Brady Material in FBI-302 Interview Memos? DOJ Guidance Is Not Enough (Part 2)
By Sara Kropf In the last post, I explored whether bad-actor prosecutors and agents can avoid creating Brady material in interview memos. If an agent doesn’t take notes documenting exculpatory statements made by a witness in a criminal investigation, and those...
Recent Report of Record-Setting Complaints Re: Pandemic Loan Fraud
By Andrea L. Moseley Inspector General Hannibal "Mike" Ware sent a Spring message that we can hear loud and clear. The Small Business Association's (SBA's) tremendous role in the nation's pandemic response was "without precedent" according to the SBA's Semiannual...
Can Prosecutors Avoid Creating Brady Material in FBI-302 Interview Memos? Yes, They Can (Part 1)
By Sara Kropf I’ve written before about the serious problem of prosecutors not disclosing Brady material to a defendant. (See here and here. Oh, and here too.) Failure to turn over exculpatory evidence is a serious constitutional violation. It’s also incredibly...