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Recent Posts
- Is DOJ Stuck With Its Positions in the “Updated” Roger Stone Sentencing Memo?
- Why Do Prosecutors Consistently Get the Benefit of the Doubt on Intent for Brady Violations?
- Did the Fourth Circuit Just Outlaw Taint Teams? Nope, But It Threw Up Some Roadblocks
- Another Insider Trading Court Decision: Making Life Easier for the Government
- Year End Review: Big Firm News and the 5 Most Popular Posts in 2019 (Yours and Ours)
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Category Archives: DOJ policy and practice
Is DOJ Stuck With Its Positions in the “Updated” Roger Stone Sentencing Memo?
By Sara Kropf The Department of Justice’s “supplemental and amended” sentencing memorandum in the Roger Stone criminal case is nothing short of extraordinary. You can find a copy of the updated Stone memo here. Lots of commentators have hit the … Continue reading
Posted in DOJ policy and practice, DOJ Statements, Public Corruption, Sentencing
Tagged Russia investigation
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Did the Fourth Circuit Just Outlaw Taint Teams? Nope, But It Threw Up Some Roadblocks
By Sara Kropf Taint teams are dubious at best. A taint team is a group of government agents or prosecutors selected to review material seized through a search warrant to determine whether any of the material is protected by the … Continue reading
Another Insider Trading Court Decision: Making Life Easier for the Government
By Dan Portnov 2019 ended with Congress trying to tackle insider trading but 2020 begins with the Second Circuit Court of Appeals once again commanding center stage in defining the elements of the offense. In United States v. Blaszczak (issued … Continue reading
Congress Tackles Insider Trading
By Dan Portnov Not busy enough with impeachment in the run up to the holidays, the U.S. House of Representatives on December 5 passed a bipartisan bill to prohibit insider trading. The Insider Trading Prohibition Act passed by a vote … Continue reading
Michael Cohen’s Sentencing Reduction Request Reveals the Minuscule Bargaining Power of a Cooperating Defendant
By Sara Kropf Back in September 2018, I wrote about how Michael Cohen was pleading guilty without the benefit of a cooperation agreement. I said that it was possible that the government would later file a Rule 35 motion, seeking … Continue reading
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
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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
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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
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
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
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