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...
Is Zoom Call Data the Next Investigative Frontier for DOJ?
By Sara Kropf The pandemic has brought many changes to the practice of law, but perhaps the biggest is the ubiquity of video calls to replace meetings and regular phone calls. There are definite upsides: less travel and lower bills to clients as a result, more...
The Surprisingly Low Standard for a Search Warrant
By Sara Kropf A few days ago, the media reported that former President Donald Trump had classified materials at his Mar-a-Lago residence. As of today, the materials are apparently still there. If this were anyone other than the former president, I can pretty much...
Who Has Access to Your Data: House Select Committee Investigation Raises Privacy Concerns
By Jaime Rosenberg The House Select Committee investigating the January 6th riot has asked 35 telecommunications and social media companies to preserve phone records and other information belonging to members of Congress, former President Donald Trump, and members of...
By Search Warrant or Subpoena, the Government Will Get Your Gmail (and the Numbers Are on the Rise)
By: Sara Kropf I have a Gmail account for personal use. You likely do too. And nearly every one of my clients has one. In fact, Google owns about 43% of the email market. Gmail has about 1.8 billion users and about 306 billion emails are sent and received daily in...
Did the Fourth Circuit Just Outlaw Taint Teams? Nope, But It Threw Up Some Roadblocks
By Sara Kropf Taint teams are dubious at best. A taint team is a group of government agents or prosecutors selected to review material seized through a search warrant to determine whether any of the material is protected by the attorney-client privilege. If it is,...
The Government Is Probably Going to Win on the Michael Cohen TRO Motion
By: Sara Kropf The government filed its opposition to Michael Cohen’s motion for a temporary restraining order today. I wrote earlier this week about the search warrant and noted that there would be a court battle coming. Well, here it is. Oddly, the public docket has...
The Search Warrant for Lawyer Michael Cohen’s Office – How Did That Happen? DOJ Policies Reviewed
By: Sara Kropf On April 9, 2018, news broke that the FBI had raided the office of President Trump’s attorney, Michael Cohen. Apparently the search was the result of referral from Special Counsel Mueller’s team to the SDNY U.S. Attorney's Office. When I saw the news,...
How Do You Find Out Why the Government Obtained a Search Warrant?
By: Sara Kropf Paul Manafort recently filed a motion to compel the production of the affidavits used to support the Special Counsel’s search warrants in his case. To someone unfamiliar with criminal law, that may seem odd. The defendant must know why the government...
David Ganek’s Valiant Effort to “Fight the Power” Fizzles—Where’s the Remedy When Law Enforcement Lies?
By: Sara Kropf I’ve written several times before about hedge fund owner David Ganek’s groundbreaking lawsuit against federal agents and prosecutors in New York. See my posts here and here. As I described the case: The plaintiff is David Ganek, the former head of...