Author Archives: Sara Kropf

Doing the Government’s Laundry

By Dan Portnov In certain legal (nerd) circles, coining a phrase or term of art is one of the surest ways to achieve immortality – think Tim Wu’s first use of “network neutrality” in a 2003 journal article or Justice … Continue reading

Posted in Brady violations, Criminal Investigation, Deferred Prosecution Agreement, Discovery/Brady, DOJ policy and practice, Securities fraud | Leave a comment

Music City and the FCPA: What More Can You Want?

If you are new to white-collar work, you will quickly hear about the Foreign Corrupt Practices Act or FCPA. For you seasoned attorneys out there, you may feel like you’ve heard too much about it. But here’s the thing: you … Continue reading

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The Government Is Probably Going to Win on the Michael Cohen TRO Motion

The government filed its opposition to Michael Cohen’s motion for a temporary restraining order today. I wrote earlier this week about the search warrant and noted that there would be a court battle coming. Well, here it is. Oddly, the … Continue reading

Posted in Attorney client privilege, FBI policy and practice, Fourth Amendment, Grand jury, Search warrant | Leave a comment

The Search Warrant for Lawyer Michael Cohen’s Office – How Did That Happen? DOJ Policies Reviewed

On April 9, 2018, news broke that the FBI had raided the office of President Trump’s attorney, Michael Cohen. Apparently the search was the result of referral from Special Counsel Mueller’s team to the SDNY U.S. Attorney’s Office. When I … Continue reading

Posted in DOJ policy and practice, Public Corruption, Search warrant | Tagged | 2 Comments

How Do You Find Out Why the Government Obtained a Search Warrant?

By Sara Kropf Paul Manafort recently filed a motion to compel the production of the affidavits used to support the Special Counsel’s search warrants in his case. To someone unfamiliar with criminal law, that may seem odd. The defendant must … Continue reading

Posted in Search warrant | Tagged | Leave a comment

How to Prepare a Nervous Witness for a Government Interview (Part II)

By Sara Kropf In Part I of this series, I listed my first six tips for preparing a nervous witness (or any witness, really) for a voluntary government interview. Those tips involved a lot of the mechanics of preparing your … Continue reading

Posted in False statements, FBI policy and practice | Leave a comment

Bring in the SEC Taint Team

by Dan Portnov Let’s say that you or your company find yourselves in the unfortunate position of receiving a document request by the Securities and Exchange Commission (SEC) with limited resources for representation. You’ve retained a moderately-priced, hyper-efficient securities enforcement … Continue reading

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How to Prepare a Nervous Witness for a Government Interview (Part 1 of 2)

Representing a witness during a voluntary interview or proffer session with the government requires preparation. As the lawyer, you will get ready by reviewing documents, talking to other lawyers in the joint defense group about anticipated questions and working through … Continue reading

Posted in Uncategorized | 1 Comment

OIG Investigations – Why Lawyers and Clients Should Both Worry (Part II)

By Dan Portnov Last week, Sara wrote about Liff v. Office of Inspector General for the U.S. Dep’t of Labor, et al., a government contractor’s unsuccessful suit against the Department of Labor and its Office of Inspector General (OIG) for … Continue reading

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Fighting Back Against OIG Investigations (But Losing)

By Sara Kropf Office of Inspector General—or OIG—investigations can have wide reaching consequences. I’ve written before about the lack of procedural fairness surrounding these investigations. Now, you might think that OIG investigations affect only federal agency employees, but that’s not … Continue reading

Posted in civil case, Government contracting fraud, OIG investigations | 1 Comment