By: Sara Kropf In Part I of the series, I introduced the idea that defense counsel are increasingly fighting back against DOJ in creative ways. In Part II, we talked about Sheldon Silver and his defense counsel's efforts to use DOJ's very public statements against Mr....
These Defendants Are Asking For a Taint Team. Why?
By: Sara Kropf When the government executes a search warrant in a white-collar case, it may seize documents that are protected by the attorney-client privilege. As I've posted before about this issue, the government will often assert that a “taint team” should review...
The Government Cannot Keep Seized Evidence Forever: Second Circuit Decision on Electronic Data
By: Sara Kropf On June 25, 2014, the United States Supreme Court issued a unanimous opinion in Riley v. California, holding that the government generally cannot conduct a warrantless search of a suspect’s cellphone. The decision was front-page news. Most precedent...
How Far Can the Government Go to Search Your Computer? The Fourth Amendment in the Digital Era
By: Sara Kropf Finally…a case that is not connected to the Galleon insider trading investigation, or SAC Capital or, any of the usual white-collar suspects. In Galpin, the Second Circuit addressed the scope of the government’s search of a defendant’s computer hard...