Category Archives: Plea Agreement

10 Quick Takes on Michael Cohen’s Recent Plea Agreement – And What Cohen and Roger Clemens Have in Common

Remember when everyone was talking about whether now-Justice Brett Kavanaugh was lying to Congress when he seemed a bit less-than-candid about his drinking in high school? Seems like a million years ago. Anyway, it turns out that lying to Congress … Continue reading

Posted in Congressional investigation, Perjury, Plea Agreement | Tagged | 1 Comment

Can Michael Cohen Reject a Presidential Pardon? Yes. But Would He?

On August 21, 2018, former Donald Trump attorney Michael Cohen pleaded guilty to multiple criminal counts, including campaign finance fraud. During his plea hearing, Cohen implicated the President in the crime, saying that Cohen had paid Stormy Daniels (a) at … Continue reading

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Why Isn’t Michael Cohen Getting a Cooperation Agreement? (Spoiler: He Probably Is) (Part One)

Much was made this week of the fact that Donald Trump’s lawyer Michael Cohen pleaded guilty without a written cooperation agreement. He pleaded guilty to multiple federal offenses, including tax fraud, campaign finance violations and bank fraud. The guidelines range … Continue reading

Posted in Plea Agreement, Sentencing | Tagged , | 5 Comments

The Torment of Being Under Criminal Investigation

Many of my white-collar clients are startled to learn how long a government investigation and criminal trial take. They think it will last a year, maybe 14 months. Instead, it can take years. Delay can work to my clients’ advantage, … Continue reading

Posted in Health care fraud, Plea Agreement, Uncategorized | 3 Comments

What is a Reverse Proffer?

I teach a continuing legal education class on defending white-collar criminal cases. When I developed the curriculum, I quickly realized that one of the class’s main goals was to teach everyone the lingo of being a white-collar defense lawyer. This … Continue reading

Posted in Plea Agreement, Proffers | 1 Comment

Where Are They Now? An Update on Past Posts

Several of the cases I’ve featured in my posts over the last year have had significant developments or come to a close. It’s always interesting—and moderately depressing—to see how things turned out.

Posted in Bribery, FCPA, Insider Trading, Plea Agreement, Sentencing, Uncategorized | Tagged | Leave a comment

Public Service Announcement: NACDL Needs Examples of “Trial Penalty” Cases

I promise a real post later this week (isn’t the anticipation killing you?), but, meanwhile, NACDL is looking for examples of cases involving a “trial penalty.” For those of you who are unfamiliar with the term, a “trial penalty” is … Continue reading

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When an FBI Agent is the Bad Guy

On September 30, 2014, Robert Lustyik entered a guilty plea in connection with alleged grand jury tampering and obstruction of justice. Mr. Lustyik has been charged with interfering with the investigation of his alleged business partner, Michael Taylor. In return … Continue reading

Posted in Obstruction, Plea Agreement | 1 Comment

The Secret Life of the Director of Financial Reporting: Guilty Plea by Celgene Corp. Executive for Insider Trading Scheme

For over five years years, the former Director of Financial Reporting at Celgene Corp. engaged in an insider trading scheme. The government contended that John Lazorchak passed along inside information through middlemen, distributed and received profits from the insider trading … Continue reading

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Is This The First Domino to Fall in FCPA Case? French Citizen Pleads Guilty to Obstruction in Foreign Bribery Case

A French citizen appeared in a Manhattan federal court on March 10, pleading guilty to obstructing a government investigation into bribes paid to secure mining rights in Guinea. Mr. Frédéric Cilins, a 51-year-old businessman, had been arrested during an FBI … Continue reading

Posted in FCPA, Plea Agreement | Tagged | 1 Comment