Author Archives: Sara Kropf

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

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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

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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 | 3 Comments

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