Category Archives: DOJ policy and practice

Doing the Government’s Laundry

Posted on April 23, 2018 by

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

Posted on April 9, 2018 by

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 | 2 Comments

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

Posted on January 8, 2018 by

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?

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

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

Posted on August 28, 2017 by

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

Posted on May 18, 2017 by

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 | 3 Comments

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

Posted on March 27, 2017 by

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

Posted on January 23, 2017 by

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

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

Fight the Power, Part I

Posted on December 15, 2016 by

The recent flap over FBI Director’s Jim Comey’s possible efforts to influence the election against Hillary Clinton was fascinating. I watched his press conference and read the print coverage with great interest. People were shocked—shocked—that the head of the FBI … Continue reading →

Posted in DOJ policy and practice | 3 Comments