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...
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...
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...
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...
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...
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....
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...
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...
By: Sara Kropf In a white-collar case, the prosecutors have the FBI on their side. A private lawyer can't call on armed agents to investigate a case. Hiring a good private investigator, then, can make all the difference. A skillful and diligent investigator can chase...