Category Archives: Uncategorized

Releasing Corporate Monitor Reports after a Non-Prosecution Agreement

Peter Henning of the New York Times White Collar Watch published an interesting piece on February 8 about the confidentiality of reports filed by corporate monitors after a non-prosecution agreement against a company. The article describes a recent decision by … Continue reading

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Why Does Congress Put Witnesses Through This Charade?

Like most people, I read the news stories about Martin Shkreli’s testimony before Congress this week. I saw the quotes about his eye-rolling and general snarkiness. His post-hearing tweet was amusing. Now, we’ve all had challenging clients. His lawyers … Continue reading

Posted in Uncategorized | 4 Comments

When Criminal Defense and Civil Litigation Collide—Taking the Fifth in Civil Litigation

Most criminal defense lawyers would have no idea how to draft an interrogatory. That’s ok; it doesn’t come up in their practices. And most lawyers who handle civil cases would have no idea how to advise a client whose testimony … Continue reading

Posted in civil case, Fifth Amendment, Uncategorized | 1 Comment

Can You Be Liable Because of Your Job Title? Control Person Liability and Jon Corzine

One of the primary differences between criminal and civil liability is that criminal liability requires the government to prove that the defendant acted wrongfully. In a civil case, an employer may be held liable under a theory of respondeat superior … Continue reading

Posted in CFTC case, civil case, Uncategorized | Tagged | 1 Comment

Keep Your Friends Close – The Second Circuit Strengthens Common Interest Privilege

The common interest (sometimes called “joint defense”) privilege serves an invaluable strategic role in complex white-collar cases. It allows the targets of an investigation to work together, without fear that the government will discover their communications or shared work product. … Continue reading

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Inside Baseball: The Basics of the Computer Fraud and Abuse Act

The Computer Fraud and Abuse Act (CFAA) has been an increasingly popular tool for DOJ over the last few years. A recent case against the St. Louis Cardinals’ Director of Baseball Development is an easy introduction to the statute. Christopher … Continue reading

Posted in Computer fraud, Uncategorized | Tagged , | 3 Comments

What To Do With Notes from an Internal Investigation? Court Says Big Firm’s Methods Were “Gamesmanship”

When I was a brand-new associate at a big firm, I volunteered to work on an internal investigation into accounting irregularities at a public company. I knew nothing about internal investigations. Before we started interviewing employees, a partner explained the … Continue reading

Posted in Attorney client privilege, internal investigation, Uncategorized | Tagged | 1 Comment

Top 10 Posts in 2015 (and My Other Favorites)

In the tried-and-true tradition of blogs everywhere, here’s a list of the top 10 most-read posts on Grand Jury Target. Some were a surprise to me, others not so much. Hot topics: taint teams, search warrants and the Yates Memo. … Continue reading

Posted in Uncategorized | 1 Comment

There’s a New Sheriff in Town: Eleventh Circuit Wrestles with Public Bribery Statute—Again

I previously posted about an interesting case involving the Eleventh Circuit’s interpretation of one of the public bribery statutes, 18 U.S.C. § 666. Well, the Eleventh Circuit is at it again. This time, it didn’t turn out as well for … Continue reading

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Criminal Prosecutions Under HIPAA

Health care fraud has long been a focus of the Department of Justice. In 2014, DOJ recovered nearly $6 billion (that’s billion with a “b”) from civil health care fraud cases. DOJ has had its share of setbacks too. Just … Continue reading

Posted in Health care fraud, Uncategorized | Leave a comment