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Second Time Is Not a Charm: DOJ Loses Its Second FARA Case against Michael Flynn Business Associate

by Kropf Moseley Schmitt | Jun 14, 2022

By: Jaime Rosenberg The Department of Justice keeps touting its focus on FARA prosecutions—even if it is having a hard time winning them. In late March 2022, U.S. District Court Judge Anthony Trenga granted a new trial to a former business partner of President Donald...

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Increased Pandemic Relief Fraud Enforcement Has Come to Town: Guess Who is Partnering with the Eastern District of Virginia?

by Kropf Moseley Schmitt | Jul 24, 2020

By Andrea L. Moseley If you applied for pandemic relief funds and your business is in Virginia, you should be aware that civil and criminal fraud investigations and prosecutions are going to intensify in the Eastern District of Virginia (EDVA).  Shown above, this...

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Paycheck Protection Program Fraud: How will DoJ draw the line between civil and criminal enforcement?

by Kropf Moseley Schmitt | Jul 10, 2020

By:  Andrea Moseley Your company applied for money under the terms of the CARES Act: Are you at risk of facing scrutiny from DoJ because of your application?  To understand the answer to this question, you must be aware of DoJ's fleet-footed approach to snuffing out...

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Trends Emerge in the Defense and Prosecution of COVID-19 Related Fraud.

by Kropf Moseley Schmitt | Jun 25, 2020

By Andrea L. Moseley As expected, fraud relating to the present COVID-19 pandemic is being prosecuted for the first time.  These crimes of opportunity were predictable and the Department of Justice has come to the table, loaded for bear.  Now, our white collar defense...

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Scam PACs and COVID-19: Defending against allegations and prosecutions (Part 3)

by Kropf Moseley Schmitt | May 15, 2020

by Andrea Moseley One of the most difficult things to do as a white-collar criminal defense attorney is defend a client against allegations in an area of the law that is vague. This is especially true when the prosecution of certain types of crime have little history...

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Is DOJ Stuck With Its Positions in the “Updated” Roger Stone Sentencing Memo?

by Kropf Moseley Schmitt | Feb 12, 2020

By Sara Kropf The Department of Justice’s “supplemental and amended” sentencing memorandum in the Roger Stone criminal case is nothing short of extraordinary. You can find a copy of the updated Stone memo here. Lots of commentators have hit the high points about this...

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DOJ Clarifies the Stakes for Corporate Wrongdoers

by Kropf Moseley Schmitt | Oct 23, 2019

By Dan Portnov You know that it’s been a busy month in law enforcement news when a speech and memo announcement by DOJ Criminal Division Assistant Attorney General (AAG) Brian Benczkowski concerning corporate criminal penalties arrives with little fanfare. It must be...

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Fight the Power, Part II: The Sheldon Silver Case

by Kropf Moseley Schmitt | Jan 8, 2017

By: Sara Kropf In Part I of this series, I pointed out that DOJ uses the media as a tool to punish defendants. It publicizes indictments, without equally publicizing acquittals and dismissals. This post is the second in a series exploring how defense lawyers are...

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Thinking About Consequences and the Yates Memo

Thinking About Consequences and the Yates Memo

by Kropf Moseley Schmitt | Jun 24, 2016

By: Sara Kropf Department of Justice officials have recently made several speeches trying to explain the Yates Memo. For example, On May 10, Deputy Attorney General Sally Yates gave remarks at the New York City Bar Association’s white-collar crime conference. On May...

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Is the FCPA Unit Really Interested in “Transparency”?

by Kropf Moseley Schmitt | Jun 12, 2016

By: Sara Kropf For anyone who handles FCPA cases, the blog aptly titled FCPA Professor is required reading. Professor Mike Koehler covers all aspects of the statute, from reported court decisions interpreting its reach to updates on recent prosecutions under it. Prof....

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