Author Archives: Sara Kropf

Jeffrey Epstein is Dead. Now What?

By Dan Portnov (photo from USAToday.com) In perhaps the biggest news story of a slow August, Jeffrey Epstein apparently hung himself in his cell at the Metropolitan Correctional Center (MCC) in Manhattan early Saturday morning.[1] Epstein’s suicide launched multiple conspiracy … Continue reading

Posted in civil case, Congressional investigation, Criminal Investigation, Detention issues, DOJ policy and practice, OIG investigations | Leave a comment

The Reach of Federal Extortion and Blackmail Statutes (Part I)

Note: This article was first published in the ABA’s Criminal Justice magazine in Summer 2019. By Sara Kropf In early February 2019, Amazon CEO Jeff Bezos published an explosive blog post accusing the National Enquirer’s owner, American Media Inc. (AMI), … Continue reading

Posted in Blackmail/extortion, Travel Act | 1 Comment

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

What Is A Joint Defense Agreement in Criminal Defense?

By Dan Portnov Sometime this summer, perhaps as soon as mid-August, former National Security Advisor Michael Flynn will be sentenced by U.S. District Court Judge Emmet Sullivan. Flynn’s sentencing piques both pro-Trump and anti-Trump interest because he was one of … Continue reading

Posted in Uncategorized | Leave a comment

Should DOJ Indict President Trump But Seal the Indictment?

Given the position of the Office of Legal Counsel that a sitting president cannot be prosecuted, there has been some talk (including by me) about the possibility of indicting President Trump now but keeping the indictment under seal until he … Continue reading

Posted in DOJ policy and practice, Indictment, Speedy Trial Act, Statute of Limitations | Tagged | Leave a comment

SEC Investigations 101: The Endgame

This post is the eighth in a series of posts for non-lawyers, or non-securities lawyers, who might suddenly find themselves on the wrong end of a Securities and Exchange Commission document request, subpoena or call from Enforcement division staff. By Dan … Continue reading

Posted in SEC Investigation, SEC policy and practice, SEC Settlement | Leave a comment

Why Judges Should Stop Asking Jurors About Police Officer Witnesses During Voir Dire

By Sara Kropf Jury selection as a funny thing. As I’ve said before, it is far more art than science. Most courts have a list of standard questions of the ask every juror during jury selection. One of those questions … Continue reading

Posted in Jury issues | Leave a comment