Category Archives: DOJ policy and practice

Why Is DOJ Trying to Unfairly Disqualify Defense Counsel for “Conflicts”?

By Sara Kropf There seems to be a disturbing trend by Department of Justice attorneys to encourage defense counsel to disqualify themselves based on a supposed “conflict of interest” without disclosing to defense counsel why the prosecutor thinks a conflict … Continue reading

Posted in DOJ policy and practice, Ethics | Leave a comment

DOJ Clarifies the Stakes for Corporate Wrongdoers

By Dan Portnov You know that it’s been a busy month in law enforcement news when a speech and memo announcement by DOJ Criminal Division Assistant Attorney General (AAG) Brian Benczkowski concerning corporate criminal penalties arrives with little fanfare. It … Continue reading

Posted in DOJ policy and practice, DOJ Statements | 3 Comments

Does the Government Have to Turn Over FBI 302s in Discovery?

By Sara Kropf The government usually turns over interview memos, or FBI 302s, during discovery in a criminal case. As I’ve written before, a 302 is a summary of a witness interview written by an FBI agent. It is in … Continue reading

Posted in Discovery/Brady, DOJ policy and practice | Leave a comment

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

Investigating the Investigators: Highlights from Recent DOJ OIG Investigations

By Dan Portnov Office of Inspector General investigations don’t always make the news. After all, no one ends up in jail or paying back billions of dollars in ill-gotten gains as a result (usually). However, one federal agency’s OIG seems … Continue reading

Posted in DOJ policy and practice, OIG investigations | 1 Comment

Should DOJ Indict President Trump But Seal the Indictment?

Given the position of the Office of Legal Counsel that a sitting president cannot be prosecuted, there has been some talk (including by me) about the possibility of indicting President Trump now but keeping the indictment under seal until he … Continue reading

Posted in DOJ policy and practice, Indictment, Speedy Trial Act, Statute of Limitations | Tagged | Leave a comment

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

Posted in DOJ policy and practice, internal investigation | Leave a comment

Roger Stone’s Early-Morning Arrest: Stop the Perp Walk

If you read my Twitter feed, you may know that I am a bit left of center when it comes to politics. Ok, I’m a lot left of center. But, like so many criminal defense lawyers, I don’t judge my … Continue reading

Posted in DOJ policy and practice, FBI policy and practice | Tagged | 2 Comments

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

Posted in Criminal Investigation, DOJ policy and practice | Leave a comment

Prosecutors Sure Do Love the Perp Walk

By Sara Kropf I recently listened to Preet Bharara’s podcast on a long car ride. He’s the former United States Attorney for the Southern District of New York. After months of conducting interviews of government-side subjects—prosecutors, FBI agents and the … Continue reading

Posted in DOJ policy and practice, Insider Trading | Tagged | 1 Comment