Category Archives: Search warrant

The Government Is Probably Going to Win on the Michael Cohen TRO Motion

The government filed its opposition to Michael Cohen’s motion for a temporary restraining order today. I wrote earlier this week about the search warrant and noted that there would be a court battle coming. Well, here it is. Oddly, the … Continue reading

Posted in Attorney client privilege, FBI policy and practice, Fourth Amendment, Grand jury, Search warrant | Leave a comment

The Search Warrant for Lawyer Michael Cohen’s Office – How Did That Happen? DOJ Policies Reviewed

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

How Do You Find Out Why the Government Obtained a Search Warrant?

By Sara Kropf Paul Manafort recently filed a motion to compel the production of the affidavits used to support the Special Counsel’s search warrants in his case. To someone unfamiliar with criminal law, that may seem odd. The defendant must … Continue reading

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

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

Fight the Power, Part III: The David Ganek Complaint

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

These Defendants Are Asking For a Taint Team. Why?

When the government executes a search warrant in a white-collar case, it may seize documents that are protected by the attorney-client privilege. As I’ve posted before about this issue, the government will often assert that a “taint team” should review … Continue reading

Posted in Attorney client privilege, Search warrant | 1 Comment

The Government Cannot Keep Seized Evidence Forever: Second Circuit Decision on Electronic Data

On June 25, 2014, the United States Supreme Court issued a unanimous opinion in Riley v. California, holding that the government generally cannot conduct a warrantless search of a suspect’s cellphone. The decision was front-page news. Most precedent about warrants … Continue reading

Posted in Appeal, Fourth Amendment, Search warrant, Tax fraud | Leave a comment

Did the Founding Fathers Think the Fourth Amendment Would Protect our iPhones?

Our mobile devices increasingly hold the details of our lives. Our phones hold the names and contact information of our friends, family and colleagues. They maintain our calendars and plans. They track our internet activity and preferences, store passwords and … Continue reading

Posted in Criminal Investigation, Search warrant | 1 Comment

How Far Can the Government Go to Search Your Computer? The Fourth Amendment in the Digital Era

Finally…a case that is not connected to the Galleon insider trading investigation, or SAC Capital or, any of the usual white-collar suspects.  In Galpin, the Second Circuit addressed the scope of the government’s search of a defendant’s computer hard drive, … Continue reading

Posted in Appeal, Plea Agreement, Search warrant | 1 Comment