Category Archives: Criminal Investigation

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 | Leave a 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 | 5 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

Corporate Kickback Charges That Involve Private Jets, A “Gentleman’s Club” and Marketing for Pharmaceutical Companies

Michael Mitrow, Jr. and his brother Matthew Mitrow were recently charged in a superseding indictment for a corporate kickback scheme in the Southern District of New York. The Brothers Mitrow were executives of an unnamed marketing agency. According to the … Continue reading

Posted in Commercial Bribery, Conspiracy, Criminal Investigation, Honest Services, Indictment, Kickbacks, Mail Fraud, Tax fraud, Wire Fraud | Tagged | 1 Comment

In Tax Fraud Case Against Investment Company Executives, Are the Clients the Next Targets?

Two Tampa businessmen, Duane Crithfield and Stephen Donaldson, Sr., were indicted for conspiracy to commit tax fraud, based on an allegedly fraudulent tax strategy for affluent clients. The defendants have not yet entered pleas. Are the “affluent clients” the next … Continue reading

Posted in Conspiracy, Criminal Investigation, Tax fraud | 1 Comment

There’s At Least One Company Out There With the, um, Guts To Stand Up To The Government

The government’s insider-trading investigation into SAC Capital Advisors, a Connecticut-based hedge fund that manages in excess of $15 billion, has been the subject of many press articles. But since neither the company, nor its leader Steven A. Cohen, has been … Continue reading

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