Author Archives: Sara Kropf

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

Everything’s Bigger in Texas, But this Sentence Is Absurd

Nearly all of my clients face federal white-collar criminal charges. Many of them seem to believe that federal criminal charges are more serious than state criminal charges, or that the penalties will be steeper. A recent case from Texas shows … Continue reading

Posted in Wire Fraud | 5 Comments

Tax Fraud Cases May Be Easier to Defend But Don’t Count Your Chickens

For most crimes, the government must prove that the defendant acted intentionally. This seems like it should be a fairly high bar particularly in white-collar criminal cases but it’s not. For most crimes, the government need only prove that the … Continue reading

Posted in Appeal, Tax fraud | Leave a comment

A Podcast About Representing Executives in Internal Investigations Featuring . . . Me

Sometimes I’m asked whether this blog has led to clients. That’s a hard question to answer. The simple answer is probably no. I don’t write this blog for SEO purposes, and I don’t write it for the person-on-the-street. Most of … Continue reading

Posted in internal investigation, Joint Defense Agreements | Tagged | Leave a comment