Category Archives: Criminal Investigation

OIG Investigations – Why Lawyers and Federal Employees Should Both Worry (Part IV)

By Dan Portnov If you’re a federal employee or individual under investigation by an Office of Inspector General, waiting for an update or some sign of progress from the OIG can be agonizing. As we’ve written before,[1] OIG policies and … Continue reading

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Jeffrey Epstein is Dead. Now What?

By Dan Portnov (photo from USAToday.com) In perhaps the biggest news story of a slow August, Jeffrey Epstein apparently hung himself in his cell at the Metropolitan Correctional Center (MCC) in Manhattan early Saturday morning.[1] Epstein’s suicide launched multiple conspiracy … Continue reading

Posted in civil case, Congressional investigation, Criminal Investigation, Detention issues, DOJ policy and practice, OIG investigations | Leave a comment

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

Government Contractors Conducting Investigations: A New Normal?

By Dan Portnov Here in DC, government contractors are everywhere and vital to keeping nearly all federal agencies running. Absent an Edward Snowden-level scandal, the integration of contractors and their day-to-day work in government offices largely goes unnoticed (and underappreciated). … Continue reading

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Surviving Parallel Proceedings

  By Dan Portnov Late last week the other shoe finally dropped for Theranos founder and ex-CEO Elizabeth Holmes, as she and fellow executive Ramesh “Sunny” Balwani were indicted on charges of wire fraud and conspiracy to commit wire fraud. Following … Continue reading

Posted in Criminal Investigation, DOJ policy and practice, SEC Investigation, SEC policy and practice, Wiretaps | 1 Comment

Doing the Government’s Laundry

By Dan Portnov In certain legal (nerd) circles, coining a phrase or term of art is one of the surest ways to achieve immortality – think Tim Wu’s first use of “network neutrality” in a 2003 journal article or Justice … Continue reading

Posted in Brady violations, Criminal Investigation, Deferred Prosecution Agreement, Discovery/Brady, DOJ policy and practice, Securities fraud | Leave a comment

OIG Investigations – Why Lawyers and Clients Should Both Worry (Part II)

By Dan Portnov Last week, Sara wrote about Liff v. Office of Inspector General for the U.S. Dep’t of Labor, et al., a government contractor’s unsuccessful suit against the Department of Labor and its Office of Inspector General (OIG) for … Continue reading

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What is an FBI 302? The Problematic Nature of FBI Agents’ Interview Memos

Former FBI Director James Comey apparently wrote a memo summarizing his meeting with President Trump. The memo purportedly recounts the president’s statement saying he “hoped” that Comey would drop the investigation into the ties between his campaign and the Russians. … Continue reading

Posted in Criminal Investigation, DOJ policy and practice, FBI policy and practice | 17 Comments

Did the Founding Fathers Think the Fourth Amendment Would Protect our iPhones?

Our mobile devices increasingly hold the details of our lives. Our phones hold the names and contact information of our friends, family and colleagues. They maintain our calendars and plans. They track our internet activity and preferences, store passwords and … Continue reading

Posted in Criminal Investigation, Search warrant | 1 Comment

It’s Not Easy Being Green: Feds Indict Biofuel Executives For a $100 Million Fraud

The government loves to encourage us to be “green.” Drive a Prius and get a tax credit. Put solar panels on your house and get a tax credit. Heck, buy the right kind of heat pump for your house and … Continue reading

Posted in Conspiracy, Criminal Investigation, Environmental Crimes, False statements, Indictment, Obstruction, Wire Fraud | Tagged | Leave a comment