By Andrea L. Moseley In today's installment, I am breaking out a scaled-down preview of our firm's Pandemic Fraud Tracker for Federal Cases in Virginia. Virginia is divided into the Eastern (EDVA) and Western (WDVA) Districts. This chart includes prosecutions that DoJ...
The Dynamite Charge – Why Do We Still Let Judges Coerce a Verdict in a Criminal Trial?
By Sara Kropf The government has all sorts of advantages in a criminal case: FBI agents flash a badge and witnesses talk willingly; prosecutors freely use grand jury subpoenas to obtain documents; discovery rules do not require them to turn over all information in...
Historic Levels!-DOJ Sounds the Beacon of COVID-19 Fraud Enforcement
by Andrea L. Moseley DoJ issued a press release, on March 26, 2021, announcing that it had criminally charged 474 individuals for alleged fraudulent efforts to obtain $569 million in pandemic relief funds. "The impact of the department's work to date sends a clear and...
SDNY Drops Charges in Accounting Fraud Case—No Harm, No Foul?
By Sara Kropf On March 31, 2021, the U.S. Attorney’s Office for the Southern District of New York asked the court to dismiss the indictment of two defendants in a complex accounting fraud case. The letter request said “we do not believe we can establish beyond a...
How to Avoid an OIG Investigation – Guaranteed!*
By Sara Kropf Hindsight is 20/20. In retrospect, we can often see what our OIG investigation clients could have done to prevent the investigation. The three ideas below won’t prevent every investigation, but they can help mitigate the most serious consequences to your...
A Year in the Rearview: Eastern District of Virginia and Coronavirus Fraud Prosecutions
by Andrea L. Moseley As National Public Radio co-host and producer Jesse Thorn put it recently, we are a year into this novel coronavirus and the novelty has worn off. We have passed the one year mark for when most Americans realized that COVID-19 was about to turn...
SDNY Judge (Finally) Holds Prosecutors’ Feet to the Fire – Lessons Learned for Other Brady Cases
By Sara Kropf A year ago, I wrote a post lamenting the fact that prosecutors get every benefit of the doubt when it comes to whether they committed intentional Brady violations. My point was that judges routinely credit weak evidence of a defendant’s state of mind in...
Special Inspector General Partnerships: What does it mean for Pandemic Relief Loan Investigations?
By Andrea L. Moseley As I have explained in previous blogs, there is a complex oversight structure created by the CARES Act (Coronavirus Aid, Relief, and Economic Security Act) to address fraud related to pandemic relief funds. Multiple offices within the executive...
The Limits of Zealous Advocacy – And the Advantage of Being a Criminal Defense Lawyer
By Sara Kropf As the historic second impeachment trial of Donald Trump continues, there has been a lot of chatter about what defenses his lawyers would offer. His first set of lawyers withdrew from the case a few days before the Senate trial began. They withdrew amid...
Will There Be Policy Changes in the Investigation and Prosecution of Alleged Paycheck Protection Program Fraud Under President Biden’s Department of Justice?
By: Andrea L. Moseley As you might see from the above, not-so-subtle, "light at the end of the tunnel" graphic metaphor, my answer to the headline question is a buoyant "yes." I continue to track the evolution of the Department of Justice's (DoJ's) pursuit of...