Category Archives: Uncategorized

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 | 2 Comments

SEC Charges Firm with Not Snitching Enough

Regular readers of this blog know that I resent when the government forces private industry to do the government’s job. Internal investigations are a good example. Companies spend millions conducting them into possible wrongdoing—hoping for leniency—and then turn over the … Continue reading

Posted in SEC Investigation, Securities fraud, Uncategorized | Leave a comment

The Five Most-Read Posts of 2016 (and My Five Favorite Posts This Year)

Last year, I did a round-up of the 10 most popular blog posts from 2015. Since I’m just back from vacation and have about 48 items on my to-do list, I thought I’d repeat the concept this year too. I … Continue reading

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Control—Having It and Losing It

I work with a lot of corporate executives who are being investigated by the government. They are folks who are used to being in control. They lead divisions or units or entire companies. They lead a government agency. They handle … Continue reading

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Prosecutorial Misconduct in the Grand Jury But No Dismissal of Charges, Says Ninth Circuit

Prosecutors who engage in misconduct are rarely subjected to ethics charges. In a recent case out of the Ninth Circuit, the prosecutor engaged in wrongdoing, the court suggests that he should be referred to the bar, yet there is no … Continue reading

Posted in Appeal, Money Laundering, Prosecutorial misconduct, Uncategorized | 6 Comments

Are Your Client’s Emails Sent From His Work Computer Privileged? A Somewhat Helpful Ninth Circuit Decision

When I meet with a new client, particularly a corporate executive under criminal investigation, we talk about emails. I tell him that he should use his personal email account to communicate with me, not his work account, since his employer … Continue reading

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A Misleading DOJ Press Release

I was surprised to read the headline of a recent DOJ press release: “Former Acclarent, Inc. Executives Convicted of Crimes Related to the Sale of Medical Devices.” I was surprised because I thought I’d read that the case had been … Continue reading

Posted in Uncategorized | 3 Comments

Another Big Win in the White Collar World (This Time in the EDVA, of All Places)

After I wrote my last post, I was reminded about another big win that I should have mentioned before. Greg Poe, Preston Burton and Rachel Li Wai Suen won a complete acquittal for former high-ranking army officer Edwin Livingston. Here’s … Continue reading

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I’m All About the Glory (Please Nominate Me!)

Last year, I won the coveted (among geeky law bloggers) ABA Blawg 100 award. I’ll be honest: I put in a lot of time on this blog and that little award meant a lot. I even got a great little … Continue reading

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Negotiating Power and How We Are Weak

I’ve been thinking recently about the inequalities of negotiations when you are a criminal defense attorney. We do a lot of negotiating for our clients, right? And we often lose. Badly. We make plea deals for our clients and they … Continue reading

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