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Punishment Without Cause: Disgorgement And Forfeiture Of Salary And Pensions

It has become popular among prosecutors and regulators in recent years to claim that officials who engaged in wrongdoing on the job should be forced to surrender every dollar earned on that job....more

4/3/2014 - Disgorgement Forfeiture Pensions

Out-Of-Balance: Basic Flaws In The Brady System

In recent years, the repeated, notable failures of the Brady disclosure regime by which prosecutors are required to produce evidence favorable to the accused in criminal cases have led to a cascade of criticism and growing...more

1/15/2014 - Brady Violation Criminal Prosecution Disclosure Requirements Evidence

Better News For White-Collar Defendants: Okatan Responds To The Supreme Court's Salinas Decision

The Supreme Court’s June 2013 decision United States v. Salinas raised a few eyebrows among white-collar practitioners because its focus on the need to expressly invoke the Fifth Amendment in order to obtain its protections...more

11/6/2013 - Criminal Defense Fifth Amendment Salinas v Texas SCOTUS White Collar Crimes

The Supreme Court's Sekhar Decision: More Than A Pyrhhic Victory

Announced the same day as its path-breaking gay marriage decision, the Supreme Court’s ruling in Sekhar v. United States, addressing the definition of “property” for purposes of an extortion prosecution under the Hobbs Act,...more

9/11/2013 - Extortion Hobbs Act SCOTUS Sekhar v United States White Collar Crimes

The Supreme Court's Decision In Salinas v. Texas: Implications For White Collar Investigations

At the outset of a white collar investigation, counsel will invariably advise the client that if a government investigator unexpectedly appears seeking to “just ask a few questions,” the client should politely decline and...more

6/20/2013 - Custodial Interrogation Fifth Amendment Investigations Miranda Warnings Salinas v Texas SCOTUS Self-Incrimination White Collar Crimes

A Trend? Another Ruling That Mailing Does Not Support Mail Fraud

Two decisions do not ordinarily a trend make. But when New York federal judges author two circuit court opinions, issued within approximately three months of each other, dismissing mail fraud claims for failing to satisfy the...more

4/10/2013 - Mail Fraud

Mary Jo White as SEC Chairman

President Obama's recent naming of Mary Jo White to be Chairman of the SEC has been greeted with praise from almost all quarters. But because she is best known for her highly successful tenure as a federal prosecutor, in...more

1/30/2013 - Administrative Appointments Enforcement Mary Jo White SEC

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