Monthly Archives: July 2019

Sweet Release: Alternatives to Incarceration

By Dan Portnov Last week convicted and newly accused sex offender Jeffrey Epstein was found injured in his cell in the Metropolitan Correctional Center (MCC), while awaiting his trial. This came shortly after his attorneys lost their bid to have … Continue reading

Posted in Bail, Pre-Trial Motions Practice, Sentencing | 1 Comment

Rule 17(c) Subpoenas – The Unfair Limits on a Defendant’s Ability to Prepare a Defense (Part 2)

By Sara Kropf In the first post on this topic, I described the basics of Rule 17(c) subpoenas. This post will offer some practical tips to convince a court to issue a subpoena to a third party to obtain documents … Continue reading

Posted in Discovery/Brady | Leave a comment

Investigating the Investigators: Highlights from Recent DOJ OIG Investigations

By Dan Portnov Office of Inspector General investigations don’t always make the news. After all, no one ends up in jail or paying back billions of dollars in ill-gotten gains as a result (usually). However, one federal agency’s OIG seems … Continue reading

Posted in DOJ policy and practice, OIG investigations | 1 Comment

Rule 17(c) Subpoenas – The Unfair Limits on a Defendant’s Ability to Prepare a Defense (Part I)

During a criminal investigation, the government has nearly unlimited powers to gather evidence against a defendant. It can use grand jury subpoenas—usually with no court oversight unless the recipient objects—for documents or to compel testimony of any witness. It can … Continue reading

Posted in Grand Jury Subpoena | Tagged | 2 Comments