By Sara Kropf Recently, the Department of Justice asked a federal court to hold former President Donald Trump in contempt for failing to comply fully with a grand jury subpoena demanding that he return all classified documents he took when he left office. The...
Proffer Agreements Can Be Trap Doors
By Sara Kropf A proffer agreement—or “queen for a day” agreement*—is the shiny fruit tart of the white collar defense world. It looks so lovely and perfect in the bakery window, but after your first bite, you realize that it tastes awful.** Proffer agreements look...
Increased Pandemic Relief Fraud Enforcement Has Come to Town: Guess Who is Partnering with the Eastern District of Virginia?
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...
Trends Emerge in the Defense and Prosecution of COVID-19 Related Fraud.
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...
Scam PACs and COVID-19: Defending against allegations and prosecutions (Part 4)
By Andrea L. Moseley The time to raise our hands and cast a vote in the general election is just a few short months away. I am watching eagerly to see how DoJ proceeds with campaign election crime investigations and prosecutions arising from this election cycle. I...
Judge Sullivan Chooses Option #5 in the Michael Flynn Case
By Sara Kropf A few weeks ago, I suggested that there were four options for Judge Emmet Sullivan related to the government's motion to dismiss the charges against Michael Flynn. At the end of the post, a little tongue in cheek, I noted that “[m]aybe, in his wisdom,...
Judge Sullivan Has Four Options for the Motion to Dismiss the Michael Flynn Charges – Which Is the Best One?
By Sara Kropf On May 7, 2020, the Department of Justice moved to dismiss the false statement charge against former Trump national security advisor Michael Flynn. This is a remarkable request for a couple of reasons. First, Flynn had already pleaded guilty to the...
Calling DOJ’s Bluff: Why a Stand-Alone False Statement Charge Is the Sign of the Weak Prosecution
By: Sara Kropf On September 4, 2019, after just a few hours of deliberation, a jury in federal district court in Washington, DC found former White House counsel Gregory Craig not guilty of one count of making a false statement. Mr. Craig had an excellent legal team...
The Risk for President Trump (and Anyone Else) If He Answers Written Questions from a Prosecutor
By: Sara Kropf Last week, news hit that Donald Trump had received written questions from Special Counsel Robert Mueller. More interesting, President Trump asserted he answered them “very easily.” Here’s what he said during the interview: I write the answers. My...
How to Prepare a Nervous Witness for a Government Interview (Part II)
By: Sara Kropf In Part I of this series, I listed my first six tips for preparing a nervous witness (or any witness, really) for a voluntary government interview. Those tips involved a lot of the mechanics of preparing your client for what the interview will look...