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...
By Sara Kropf Note: A similar version of this article was also published in Law360. When the Department of Justice indicts a defendant or prevails at trial, the Office of Public Affairs issues a press release. Those press releases tout the seriousness of the charged...
By Sara Kropf It has become a running joke among the defense lawyers I know that we can’t wait to see what the Department of Justice will announce as its newest “cooperation” policy at the annual ABA White Collar Crime conference. The ABA conference is the largest of...
By Sara Kropf Where the government indicts someone affects a host of key elements of a criminal case: How quickly the defense team will obtain key pretrial discovery; the composition of the jury pool; the speed of the trial; and likely outcomes for sentencing. In...
By Sara Kropf When 98% of federal criminal cases are resolved by plea agreements, you may expect that courts would fiercely protect defendants’ constitutional rights during the plea bargaining stage. Nothing could be further from reality. In fact, the Supreme Court...
By Rebecca Guiterman Trade secrets cases are on the rise. Most often, they happen when an employee steals confidential computer code or client lists or marketing plans. You may think of them as disputes between employers and employees (or, in one instance, by a...
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...
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,...
By Sara Kropf When a regular person does something wrong, the Department of Justice has no qualms about bringing criminal charges against him. When the Department of Justice does something wrong, well, it asks for a second chance. A few years ago, I wrote about...
By Sara Kropf The Department of Justice repeatedly issues guidance to beg coerce encourage companies to self-report wrongdoing and, in effect, sell out their executives as the wrongdoers. As part of this “cooperation,” companies will conduct an internal investigation,...