By Sara Kropf In late 2017, I represented a client who participated in a protest against the inauguration of Donald Trump in the District of Columbia on January 20, 2017. She was charged with conspiracy to engage in felony rioting, among other things, and faced the...
New DOJ Policy Could Put In-House Counsel in a Tough Ethics Spot
By Sara Kropf DOJ’s new corporate cooperation policy includes a provision that places in-house counsel in an awkward—and potentially unethical—position. This new policy formalizes Deputy Attorney General Lisa Monaco’s policy announcement last year. The new policy...
Telling DOJ to Stuff It (Politely)
By Sara Kropf One thing you quickly learn as defense counsel is that the government has considerably more power than you do. In pre-indictment discussions, if I push back too hard on the government, the prosecutor could decide to add more charges to the indictment or...
Legal Ethics-Newly Minted Leniency for Negotiated Discipline
compass with needle pointing the word ethics. Conceptual 3d illustration of business integrity and moral By Andrea L. Moseley Institutionalized leniency, in any form, is music to my ears. When it comes to sanctions, hard line rules and policies rarely benefit my...
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...
Are Sidney Powell’s Conversations with the President Privileged or Confidential? (Or Both?)
By Sara Kropf Lawyer Sidney Powell appeared at a press conference a few days ago as a member of the President’s legal team and made a few jarring comments (most notably about Hugo Chavez trying to rig the U.S. election). A few days later, the President’s lead personal...
Government Employees at Risk: Conflicts of Interest May Be Crimes, Not Just Ethics Violations
By Sara Kropf Many of the clients we represent in Office of Inspector General (OIG) investigations are facing allegations that they violated federal ethics regulations or internal agency ethics rules. Here’s how it usually plays out. An OIG agent knocks on the...
Why Is DOJ Trying to Unfairly Disqualify Defense Counsel for “Conflicts”?
By Sara Kropf There seems to be a disturbing trend by Department of Justice attorneys to encourage defense counsel to disqualify themselves based on a supposed “conflict of interest” without disclosing to defense counsel why the prosecutor thinks a conflict exists....
Fight the Power, Part II: The Sheldon Silver Case
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...
Can The Ethics Rules Stop Brady Violations?
By: Sara Kropf Brady v. Maryland requires a prosecutor to disclose evidence that is favorable to the defense. Yet many critics have correctly pointed out that unless there exists a way to discipline prosecutors who willfully violate this obligation, it is an abstract...