Author Archives: Sara Kropf

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

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Outsourcing DOJ Investigations?

By Dan Portnov Last week, the government moved one tiny step closer to being able to “outsource” its criminal investigations to non-DOJ actors. In a post-trial order, Southern District of New York Chief Judge Colleen McMahon excoriated the government for … Continue reading

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Does the Statute of Limitations Prevent Indicting President Trump After He Leaves Office?

By Sara Kropf The Report on the Investigation into Russian Interference in the 2016 Presidential Election (a/k/a the Mueller Report), is a veritable treasure trove of obstruction-of-justice efforts by the President. We’ve written before about obstruction of justice, here and … Continue reading

Posted in Statute of Limitations | Tagged | 1 Comment

What is the STOCK Act?

By Dan Portnov Occasionally we work on cases or investigations that involve highly wonky subject matter – stuff that only lawyers or legislators would know and care about. One of those recent matters touched on the Stop Trading on Congressional … Continue reading

Posted in Insider Trading, OIG investigations | Leave a comment

What’s in My Trial Bag?

I’m in trial this week in a white-collar criminal case. Since I couldn’t manage to find the time to write a substantive post, I thought I’d write instead about something  practical: what I bring with me to court when I’m … Continue reading

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Congressional Investigations: Tips from the Pros

By Dan Portnov Last week I had the pleasure of attending a fascinating panel on congressional investigations hosted by MoloLamken. The panel featured defense attorneys Karen Christian, Reginald Brown, Amy Jeffress and Raphael Prober and was moderated by Molo’s Justin … Continue reading

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Concurrent, Consecutive and “Stacked” Sentences: Why One Word Makes a Big Difference at Sentencing

A judge says a lot of things during a sentencing. Two of them are really, really important. First is the number of months in prison. “One hundred twenty” is a lot different from “a year and a day.” Second is … Continue reading

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SEC Investigations 101: The Wells Notice (Part 2)

This post is the seventh 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  … Continue reading

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