Author Archives: Sara Kropf

Another Insider Trading Court Decision: Making Life Easier for the Government

By Dan Portnov 2019 ended with Congress trying to tackle insider trading but 2020 begins with the Second Circuit Court of Appeals once again commanding center stage in defining the elements of the offense. In United States v. Blaszczak (issued … Continue reading

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

Year End Review: Big Firm News and the 5 Most Popular Posts in 2019 (Yours and Ours)

By Sara Kropf We had a big year at Law Office of Sara Kropf. The biggest news is that we don’t exist anymore. Not to worry, though. Andrea Moseley joined the firm, and we are now Kropf Moseley PLLC. With … Continue reading

Posted in Uncategorized | 1 Comment

Congress Tackles Insider Trading

By Dan Portnov Not busy enough with impeachment in the run up to the holidays, the U.S. House of Representatives on December 5 passed a bipartisan bill to prohibit insider trading. The Insider Trading Prohibition Act passed by a vote … Continue reading

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Michael Cohen’s Sentencing Reduction Request Reveals the Minuscule Bargaining Power of a Cooperating Defendant

By Sara Kropf Back in September 2018, I wrote about how Michael Cohen was pleading guilty without the benefit of a cooperation agreement. I said that it was possible that the government would later file a Rule 35 motion, seeking … Continue reading

Posted in DOJ policy and practice, Sentencing | Tagged | 2 Comments

The Hoskins Prosecution Comes To An End

By Dan Portnov On Friday, November 8, 2019, Lawrence Hoskins was convicted of violating the Foreign Corrupt Practices Act.[1] The jury verdict, delivered on a Friday afternoon in Connecticut, barely made the national news (the bar has been set higher … Continue reading

Posted in Conviction After Jury Trial, FCPA, Money Laundering, Trials | Leave a comment

Why Is DOJ Trying to Unfairly Disqualify Defense Counsel for “Conflicts”?

By Sara Kropf There seems to be a disturbing trend by Department of Justice attorneys to encourage defense counsel to disqualify themselves based on a supposed “conflict of interest” without disclosing to defense counsel why the prosecutor thinks a conflict … Continue reading

Posted in DOJ policy and practice, Ethics | Leave a comment

DOJ Clarifies the Stakes for Corporate Wrongdoers

By Dan Portnov You know that it’s been a busy month in law enforcement news when a speech and memo announcement by DOJ Criminal Division Assistant Attorney General (AAG) Brian Benczkowski concerning corporate criminal penalties arrives with little fanfare. It … Continue reading

Posted in DOJ policy and practice, DOJ Statements | 3 Comments

Does the Government Have to Turn Over FBI 302s in Discovery?

By Sara Kropf The government usually turns over interview memos, or FBI 302s, during discovery in a criminal case. As I’ve written before, a 302 is a summary of a witness interview written by an FBI agent. It is in … Continue reading

Posted in Discovery/Brady, DOJ policy and practice | Leave a comment

How an OIG Investigation Becomes a Criminal Investigation

The following excerpt is from our upcoming e-book, A Guide to OIG Investigations for Federal Employees and Contractors. It’s filled with all sorts of useful information on the OIG investigations. We chose this excerpt in light of recent news about … Continue reading

Posted in OIG investigations | 2 Comments

Calling DOJ’s Bluff: Why a Stand-Alone False Statement Charge Is the Sign of the Weak Prosecution

By Sara Kropf On September 4, 2019, after just a few hours of deliberation, a jury in federal district court in Washington, DC found former White House counsel Gregory Craig not guilty of one count of making a false statement. … Continue reading

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