Author Archives: Sara Kropf

Update on the Hedge Fund Founder David Ganek’s Lawsuit Against Preet Bharara

A few weeks ago, I wrote about the lawsuit filed by Level Global founder David Ganek. Mr. Ganek sued Preet Bharara, the former U.S. Attorney for the Southern District of New York, as well as other prosecutors and agents, claiming … Continue reading

Posted in Appeal, civil case, DOJ policy and practice, Fourth Amendment | Leave a comment

Like DOJ, the SEC Has Trouble with Misleading Press Releases

I’ve written before about the fundamental unfairness of the Department of Justice’s practice of issuing press releases touting indictments but not issuing press releases when the charges are dismissed or the defendant acquitted. It looks like the SEC has the … Continue reading

Posted in SEC policy and practice, Securities fraud | Leave a comment

OIG Investigations – Why Lawyers and Clients Should Both Worry

On first glance, investigations by a federal agency’s Office of Inspector General, or OIG, may seem like no big deal. An inspector general has no criminal authority. He can’t charge you with a crime or throw you in jail. He … Continue reading

Posted in OIG investigations | 2 Comments

Why Won’t the Witness Talk to Me?

When I’m representing a white-collar criminal defendant pre-indictment, one of my key tasks is to try to contact potential witnesses. But when? The timing is a tightrope. Contact a witness before you know anything about the case and your risk … Continue reading

Posted in Trial preparation | Leave a comment

Where Are They Now? The First-Ever Case Against a Compliance Officer over Failure to Implement Anti-Money Laundering Program

Nearly two years ago, I wrote about the government’s civil complaint filed against the former Chief Compliance Officer of MoneyGram. The defendant in that case is still fighting and the case appears headed for trial. As a quick reminder of … Continue reading

Posted in civil case, Compliance, Money Laundering | Leave a comment

Fight the Power, Part III: The David Ganek Complaint

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 … Continue reading

Posted in civil case, DOJ policy and practice, Fifth Amendment, Fourth Amendment, Insider Trading, Prosecutorial misconduct, Search warrant, Securities fraud | Tagged | Leave a comment

Fight the Power, Part II: The Sheldon Silver Case

In Part I of this series, I pointed out that DOJ uses the media as a tool to punish defendants. It publicizes indictments, without equally publicizing acquittals and dismissals. This post is the second in a series exploring how defense … Continue reading

Posted in Dismissal of charges in indictment, DOJ policy and practice, DOJ Statements, Ethics, Grand jury, Prosecutorial misconduct, Public Corruption | 1 Comment

The Five Most-Read Posts of 2016 (and My Five Favorite Posts This Year)

Last year, I did a round-up of the 10 most popular blog posts from 2015. Since I’m just back from vacation and have about 48 items on my to-do list, I thought I’d repeat the concept this year too. I … Continue reading

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Fight the Power, Part I

The recent flap over FBI Director’s Jim Comey’s possible efforts to influence the election against Hillary Clinton was fascinating. I watched his press conference and read the print coverage with great interest. People were shocked—shocked—that the head of the FBI … Continue reading

Posted in DOJ policy and practice | 3 Comments

Prosecutors Take Fair Approach to Sentencing in Fraud Case Against Executive (No, This Is Not Clickbait.)

As I’ve written about many times before, the loss amount drives many white-collar criminal sentences. The government’s view of loss amount plays a significant role in the court’s ultimate determination of that factor. the government often takes a very aggressive … Continue reading

Posted in Sentencing | Tagged | Leave a comment