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Oh Goody! Another DOJ “Cooperation” Program—This Time, It’s All About the $$$

By Sara Kropf It has become a running joke among the defense lawyers I know that we can’t wait to see what the Department of Justice will announce as its newest “cooperation” policy at the annual ABA White Collar Crime conference. The ABA conference is the largest of its kind, and it’s become the...

Location, Location, Location – DOJ Fails to Meet the Low Standard for Venue in Criminal Cases

By Sara Kropf Where the government indicts someone affects a host of key elements of a criminal case: How quickly the defense team will obtain key pretrial discovery; the composition of the jury pool; the speed of the trial; and likely outcomes for sentencing. In short, venue matters. Arguments...

How Can Plea Agreements in White Collar Criminal Cases Be “Knowing” When the Government Does Not Disclose Exculpatory Evidence Under Brady?

By Sara Kropf When 98% of federal criminal cases are resolved by plea agreements, you may expect that courts would fiercely protect defendants’ constitutional rights during the plea bargaining stage. Nothing could be further from reality. In fact, the Supreme Court does not require the Department...