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...
10 Quick Takes on Michael Cohen’s Recent Plea Agreement – And What Cohen and Roger Clemens Have in Common
By: Sara Kropf Remember when everyone was talking about whether now-Justice Brett Kavanaugh was lying to Congress when he seemed a bit less-than-candid about his drinking in high school? Seems like a million years ago. Anyway, it turns out that lying to Congress is a...
Can Michael Cohen Reject a Presidential Pardon? Yes. But Would He?
By: Sara Kropf On August 21, 2018, former Donald Trump attorney Michael Cohen pleaded guilty to multiple criminal counts, including campaign finance fraud. During his plea hearing, Cohen implicated the President in the crime, saying that Cohen had paid Stormy Daniels...
Why Isn’t Michael Cohen Getting a Cooperation Agreement? (Spoiler: He Probably Is) (Part One)
By: Sara Kropf Much was made this week of the fact that Donald Trump’s lawyer Michael Cohen pleaded guilty without a written cooperation agreement. He pleaded guilty to multiple federal offenses, including tax fraud, campaign finance violations and bank fraud. The...
The Torment of Being Under Criminal Investigation
By: Sara Kropf Many of my white-collar clients are startled to learn how long a government investigation and criminal trial take. They think it will last a year, maybe 14 months. Instead, it can take years. Delay can work to my clients’ advantage, allowing us time to...
What is a Reverse Proffer?
By: Sara Kropf I teach a continuing legal education class on defending white-collar criminal cases. When I developed the curriculum, I quickly realized that one of the class’s main goals was to teach everyone the lingo of being a white-collar defense lawyer. This is...
Where Are They Now? An Update on Past Posts
By: Sara Kropf Several of the cases I’ve featured in my posts over the last year have had significant developments or come to a close. It’s always interesting—and moderately depressing—to see how things turned out. When an FBI Agent Is the Bad Guy First up we have...
Public Service Announcement: NACDL Needs Examples of “Trial Penalty” Cases
By: Sara Kropf I promise a real post later this week (isn't the anticipation killing you?), but, meanwhile, NACDL is looking for examples of cases involving a "trial penalty." For those of you who are unfamiliar with the term, a "trial penalty" is the price our...
When an FBI Agent is the Bad Guy
By: Sara Kropf On September 30, 2014, Robert Lustyik entered a guilty plea in connection with alleged grand jury tampering and obstruction of justice. Mr. Lustyik has been charged with interfering with the investigation of his alleged business partner, Michael Taylor....