Monthly Archives: September 2017

Is DOJ Changing Its Practice on Press Releases after Dismissal or Acquittal?

I’ve written about vented several times (see here and here) about DOJ’s practice of leaving press releases announcing indictments on its website even after the defendant has been acquitted of the charges or after the charges have been dismissed. DOJ’s … Continue reading

Posted in Dismissal of charges in indictment, DOJ policy and practice, SEC policy and practice | Leave a comment

Speedy Trial Act Strategy in White-Collar Cases (Part II)

A few months ago, I wrote Part One of this series about Speedy Trial Act strategy in a white-collar criminal case. This post is going to go into a bit more detail about the pros and cons of invoking the … Continue reading

Posted in Speedy Trial Act, Trial preparation | Leave a comment

Fourth Circuit Finally Concedes that the Government Cannot Take Your Stuff Before Trial

A few months ago, I wrote a blog post predicting that the Fourth Circuit would stop allowing federal prosecutors to seize untainted assets before conviction. (Buffing fingernails on shirt.) And now it has. Okay, my prognostication was not exactly out … Continue reading

Posted in Appeal, Continuing education | Leave a comment

Fight the Power, Part IV: The Government Backs Off Absurd Claims of “Witness Tampering”

A defendant has a constitutional right to prepare a defense to criminal charges. In a white-collar case, contacting potential witnesses is as important as reviewing the document trail. Why does the government feel threatened when we do our jobs? I … Continue reading

Posted in Discovery/Brady, Obstruction | Leave a comment