Category Archives: DOJ policy and practice

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

The Department of Justice Should Drop the Inauguration Day Protest Cases

The Department of Justice has been humiliated in its misguided prosecution of over two hundred Inauguration Day protestors. It has lost every single case to go to trial. It has engaged in intentional violations of the rules. And it has … Continue reading

Posted in Acquittal After Jury Trial, Brady violations, Discovery/Brady, DOJ policy and practice, First Amendment | Tagged | 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

The Search Warrant for Lawyer Michael Cohen’s Office – How Did That Happen? DOJ Policies Reviewed

On April 9, 2018, news broke that the FBI had raided the office of President Trump’s attorney, Michael Cohen. Apparently the search was the result of referral from Special Counsel Mueller’s team to the SDNY U.S. Attorney’s Office. When I … Continue reading

Posted in DOJ policy and practice, Public Corruption, Search warrant | Tagged | 4 Comments

David Ganek’s Valiant Effort to “Fight the Power” Fizzles—Where’s the Remedy When Law Enforcement Lies?

I’ve written several times before about hedge fund owner David Ganek’s groundbreaking lawsuit against federal agents and prosecutors in New York. See my posts here and here. As I described the case: The plaintiff is David Ganek, the former head … Continue reading

Posted in Appeal, civil case, DOJ policy and practice, Search warrant | Leave a comment

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

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

Can a Defendant Get Attorney’s Fees If He’s Acquitted and There’s Prosecutorial Misconduct?

In a civil case, a defendant cannot recover attorney’s fees from a plaintiff, even if the defendant wins. There are a few exceptions to the “American rule,” such as a when there’s a statute governing the case or the contract … Continue reading

Posted in DOJ policy and practice, Prosecutorial misconduct | 1 Comment

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 | 4 Comments

Update on the Hedge Fund Founder David Ganek’s Lawsuit Against Preet Bharara

A few weeks ago, I wrote about the lawsuit filed by Level Global founder David Ganek. Mr. Ganek sued Preet Bharara, the former U.S. Attorney for the Southern District of New York, as well as other prosecutors and agents, claiming … Continue reading

Posted in Appeal, civil case, DOJ policy and practice, Fourth Amendment | 1 Comment

Fight the Power, Part III: The David Ganek Complaint

In Part I of the series, I introduced the idea that defense counsel are increasingly fighting back against DOJ in creative ways. In Part II, we talked about Sheldon Silver and his defense counsel’s efforts to use DOJ’s very public … Continue reading

Posted in civil case, DOJ policy and practice, Fifth Amendment, Fourth Amendment, Insider Trading, Prosecutorial misconduct, Search warrant, Securities fraud | Tagged | 3 Comments