Author Archives: Sara Kropf

SEC Investigations 101: Establishing the Pace and Scope

This post is the third 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 SEC’s Enforcement division staff. … Continue reading

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The Risk for President Trump (and Anyone Else) If He Answers Written Questions from a Prosecutor

Last week, news hit that Donald Trump had received written questions from Special Counsel Robert Mueller. More interesting, President Trump asserted he answered them “very easily.” Here’s what he said during the interview: I write the answers. My lawyers don’t … Continue reading

Posted in Criminal Investigation, False statements, Fifth Amendment, Grand jury, Perjury | Tagged | 1 Comment

SEC Investigations 101: Making Contact

By Dan Portnov This post is the second 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 SEC’s … Continue reading

Posted in SEC Investigation, SEC policy and practice | 1 Comment

New Sentencing Guidelines Amendments Have Two Good Provisions for White Collar Criminal Defendants (and Lawyers)

On November 1, 2018, several new amendments to the Sentencing Guidelines went into effect. Two of them are quite positive developments for defendants—and their lawyers—in white-collar criminal cases. As a procedural matter, the new amendments were proposed by the U.S. … Continue reading

Posted in Sentencing | 1 Comment

SEC Investigations 101: How It All Begins

By Daniel Portnov This post kicks off a series for non-lawyers, or non-securities lawyers, who might suddenly find themselves on the wrong end of an SEC document request, subpoena or call from SEC Enforcement division staff. Receiving a call from … Continue reading

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Should Jurors Be Allowed to Ask Questions During a Criminal Trial?

The judge in one of my recent criminal trials allowed the jurors to ask questions. It was mostly fascinating, though there were a few scary moments too. On the one hand, it gave us valuable insight into what the jury … Continue reading

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Latest Developments in the SEC’s Cryptocurrency Enforcement

  By Daniel Portnov It’s been a busy 2018 for cryptocurrency enforcement by the SEC. Following statements by Chair Jay Clayton and Co-Director of Enforcement Stephanie Avakian announcing various cryptocurrency concerns, sweeps and initiatives,[1] several recent Commission enforcement actions have … Continue reading

Posted in SEC Investigation, SEC policy and practice, Securities fraud | 1 Comment

How to Pick a Fair Jury

I don’t care what jury consultants say, picking a jury is an art and not a science. For most trial lawyers, it’s based on gut feelings and sizing people up quickly and peeks at what a juror’s t-shirt says or … Continue reading

Posted in Appeal, Jury issues | Leave a comment

A (Small) Victory in a Battle With OIG

By Dan Portnov As readers of Grand Jury Target know, we have a healthy respect for the various Offices of Inspector General (see here, here and here). OIG investigations can lead to serious consequences and, to add further anxiety, much … Continue reading

Posted in Civil Litigation Strategy, OIG investigations | Leave a comment

Can Michael Cohen Reject a Presidential Pardon? Yes. But Would He?

On August 21, 2018, former Donald Trump attorney Michael Cohen pleaded guilty to multiple criminal counts, including campaign finance fraud. During his plea hearing, Cohen implicated the President in the crime, saying that Cohen had paid Stormy Daniels (a) at … Continue reading

Posted in Legal profession, Plea Agreement, Sentencing | Tagged | 1 Comment