Category Archives: DOJ Statements

DOJ Clarifies the Stakes for Corporate Wrongdoers

Posted on October 23, 2019 by

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

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

Thinking About Consequences and the Yates Memo

Posted on June 24, 2016 by

Department of Justice officials have recently made several speeches trying to explain the Yates Memo. For example, On May 10, Deputy Attorney General Sally Yates gave remarks at the New York City Bar Association’s white-collar crime conference. On May 14, … Continue reading →

Posted in DOJ Statements | 2 Comments

Is the FCPA Unit Really Interested in “Transparency”?

Posted on June 12, 2016 by

For anyone who handles FCPA cases, the blog aptly titled FCPA Professor is required reading. Professor Mike Koehler covers all aspects of the statute, from reported court decisions interpreting its reach to updates on recent prosecutions under it. Prof. Koehler … Continue reading →

Posted in DOJ Statements, FCPA | Leave a comment

DOJ’s Sales Pitch Continues, But It’s Not All Bad

Posted on April 14, 2016 by

A few weeks ago, I wrote a blog post about my disappointment that white-collar criminal defense attorneys too often treat cooperation with the government as a default position. Well, the government just sweetened the cooperation pot a little bit more. … Continue reading →

Posted in DOJ Statements, FCPA, Uncategorized | Leave a comment

Why Are We Falling for the Department of Justice’s Sales Pitch?

Posted on March 8, 2016 by

I just spent $1200 to listen to the Department of Justice’s sales pitch that I should bring in my clients to confess their crimes. Let me explain. Last week was the annual ABA White Collar Crime conference in San Diego. … Continue reading →

Posted in DOJ Statements, Uncategorized | 2 Comments

Will the New DOJ Policy End Joint Defense Agreements?

Posted on September 27, 2015 by

The white collar world is abuzz about DOJ’s new policy requiring companies to identify the individuals involved in wrongdoing to get cooperation credit. Joint defense agreements between companies and their executives allow the targets of a criminal investigation to work … Continue reading →

Posted in DOJ Statements, Joint Defense Agreements | 2 Comments

Newsflash! DOJ Says It Wants To Prosecute Corporate Executives But It Is Ok Not To Prosecute Companies

Posted on May 13, 2013 by

Two recent appearances by high-ranking Department of Justice officials make clear that the target on corporate executives’ backs isn’t going away any time soon.  On May 3, 2013, the Criminal Division’s Acting Assistant Attorney General Mythili Raman offered remarks at … Continue reading →

Posted in Deferred Prosecution Agreement, DOJ Statements, Non-Prosecution Agreement | 1 Comment