Category Archives: Uncategorized

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

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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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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

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Not April Fool’s: Big Win in Forfeiture Case in Supreme Court

On Wednesday, the United States Supreme Court decided Luis v. United States. It is a big win for criminal defendants and for criminal defense lawyers alike. The Court held that For the reasons stated, we conclude that the defendant in … Continue reading

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