Category Archives: Dismissal of charges in indictment

Why Do Prosecutors Consistently Get the Benefit of the Doubt on Intent for Brady Violations?

Posted on February 11, 2020 by

By Sara Kropf In most white-collar cases, intent is the key issue. The government generally has to prove that the defendant intentionally acted to break the law and it wasn’t simply a mistake or an oversight. Circumstantial evidence is enough … Continue reading →

Posted in Brady violations, Discovery/Brady, Dismissal of charges in indictment, Uncategorized | Leave a comment

The Government Keeps Trying to Erase Its Wrongdoing

Posted on January 22, 2018 by

A few months ago, I wrote about the successful effort by a U.S. Attorney’s Office to convince the First Circuit to remove the name of a prosecutor involved in a case about Brady violations. Now, in a case in Philadelphia, … Continue reading →

Posted in Brady violations, Dismissal of charges in indictment, Fourth Amendment, Policy issues | Leave a comment

Is DOJ Changing Its Practice on Press Releases after Dismissal or Acquittal?

Posted on September 28, 2017 by

I’ve written about vented several times (see here and here) about DOJ’s practice of leaving press releases announcing indictments on its website even after the defendant has been acquitted of the charges or after the charges have been dismissed. DOJ’s … Continue reading →

Posted in Dismissal of charges in indictment, DOJ policy and practice, SEC policy and practice | 1 Comment

Bingo! A Defense Win Limits Broad Use of Mail Fraud Statute

Posted on April 5, 2017 by

The only thing I like better than seeing a defense lawyer win is seeing a friend who is a defense lawyer win. A friend of mine, Jay Nanavati, led a case to victory in the Northern District of West Virginia, … Continue reading →

Posted in Dismissal of charges in indictment, Mail Fraud, Money Laundering | 2 Comments

Fight the Power, Part II: The Sheldon Silver Case

Posted on January 8, 2017 by

In Part I of this series, I pointed out that DOJ uses the media as a tool to punish defendants. It publicizes indictments, without equally publicizing acquittals and dismissals. This post is the second in a series exploring how defense … Continue reading →

Posted in Dismissal of charges in indictment, DOJ policy and practice, DOJ Statements, Ethics, Grand jury, Prosecutorial misconduct, Public Corruption | 1 Comment

Celebrating Summer with Recent Wins in the White-Collar World

Posted on August 4, 2016 by

In the past few months, there have been several big wins for white-collar defendants.  Because we’re in desperate need for some good news as of late, here are highlights of those victories. As I’ve pointed out before, DOJ doesn’t publicize … Continue reading →

Posted in Acquittal After Jury Trial, Dismissal of charges in indictment, Health care fraud | 1 Comment

Judge Says He’s Never “Seen a More Misguided Prosecution” Than This One Involving Foreign Bribery

Posted on May 15, 2015 by

The Department of Justice has never lacked for confidence in its ability to prosecute people. It investigates supposed FCPA violations overseas, identifying some minor link to the United States. Unfortunately, courts rarely limit DOJ’s reach in these types of cases. … Continue reading →

Posted in Bribery, Dismissal of charges in indictment, Uncategorized, Wire Fraud | Leave a comment

A Tremendous White Collar Victory in Eli Lilly Trade Secrets Case

Posted on December 5, 2014 by

A few months ago, I wrote about a trade secrets case in Indianapolis. It looked like the case was going well for the defense. As any trial lawyer knows, momentum is key. Momentum just swung in the biggest way for … Continue reading →

Posted in Dismissal of charges in indictment, Trade Secrets | Leave a comment

Hey, I’m a Guest Blogger!

Posted on December 12, 2013 by

The kind folks at White Collar Crime Prof Blog let me post over there today (thanks Ellen!). The Second Circuit issued a great opinion for white collar defendants limiting the continuing conspiracy theory. Finally, a court has reined in the … Continue reading →

Posted in Appeal, Conspiracy, Dismissal of charges in indictment, Tax fraud | 1 Comment

Spike Lee Would Be Proud: Government Does the Right Thing (In a Securities Fraud Case)

Posted on September 26, 2013 by

Da Mayor: Doctor. Mookie: C’mon, what? What? Da Mayor: Always do the right thing. Mookie: That’s it? Da Mayor: That’s it. Mookie: I got it. I’m gone. Do the Right Thing (1989) (yes, 1989—you are that old) Except for “not … Continue reading →

Posted in Dismissal of charges in indictment, Investor fraud, Securities fraud, Sentencing, Wire Fraud | Leave a comment