Note: A shorter version of this post was published by Bloomberg News on May 14. You can find the article here. By Sara Kropf I’ve written before about the Department of Justice’s questionable tactics in an FCPA case against two former executives for Cognizant...
I Didn’t Have “Media Stories about Protective Orders” on This Year’s Bingo Card
By Sara Kropf Protective orders in criminal cases are . . . . typical. Boring, even. (Are you really going to read a blog post about protective orders?) But even the most mundane procedural matters seem to take on outsized importance when they arise in the criminal...
A Moth to a Flame: No-Contact Orders and Early Jencks in the Trump Case
By Sara Kropf In case you’ve been living under a rock recently, former President Donald Trump was indicted on 37 federal criminal charges relating to classified documents and obstruction of justice. I’m not going to deny that I enjoy this spectacle in many respects,...
Reciprocal Discovery for Defense Lawyers – The Dangers of Rule 26.2 or “Reverse Jencks”
By Sara Kropf The Department of Justice increasingly makes aggressive requests for reciprocal discovery from defendants in white-collar criminal cases. Most defense lawyers think only of Rule 16’s provisions for reciprocal discovery. But Rule 26.2 provides a second,...
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...
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...