Category Archives: DOJ Statements

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 | 2 Comments

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

Fight the Power, Part II: The Sheldon Silver Case

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

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”?

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

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

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?

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?

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

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