Author Archives: Sara Kropf

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

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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

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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

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In Your Client’s Words – Speaking at Sentencing

“Each of us is more than the worst thing we’ve ever done.” – Bryan Stevenson The fundamental truth of Mr. Stevenson’s quote is tested every time a defendant is sentenced after conviction. Too often, prosecutors act at sentencing as though … Continue reading

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SEC Investigations 101: The Wells Notice (Part 1)

By  Dan Portnov SEC investigations can last a long time. Even when the Enforcement staff comes charging out of the gate, the investigative pace invariably slows once there are terabytes of documents and hundreds of pages of testimony to review. … Continue reading

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