Federal Prosecutors

News & Analysis as of

May 2014: White Collar Litigation Update

Jumping the Gun: Public Statements by U.S. Attorneys That Inappropriately Opine on the Guilt of Charged but Untried Defendants. When United States Attorney’s Offices file criminal charges in significant cases, U.S. Attorneys...more

First Circuit Reverses District Court Order Granting New Trial

Appellate courts do not often reverse a trial judge’s decision to grant a new trial, so we took notice when the First Circuit did so in United States v. Carpenter. Given the case history, the First Circuit decision should...more

New ICE Prosecutorial Discretion Directive Facilitating Parental Interests

On August 23, 2013, the Immigration and Customs Enforcement (ICE) issued a Directive providing for the facilitation of parental interests in the course of civil immigration enforcement activities....more

Sentences, Prosecutors, Costs, Oh My: A Conversation With A White Collar Bar Legend.

Lawrence S. Bader interviews his partner of many years, Paul R. Grand, who is one of the Bar’s leading white collar criminal defense attorneys, with extensive experience handling complex criminal and civil matters in state...more

White Collar Litigation Update -- Supreme Court Permits Prosecution’s Comments Regarding Suspect’s Silence Where Suspect Did Not...

During government investigations, counsel regularly advise their clients that if a law enforcement agent unexpectedly shows up at their home or office, the client should decline to be interviewed and instead direct the agent...more

California Court: Insurer Cannot Avoid Contractual Commitment to Defend Insured Against Federal Criminal Charges

In an important decision for directors, officers, non-profit executives and other insureds under directors and officers (D&O) and other liability insurance policies, the California Court of Appeal has held that an insurer...more

Court Holds California Statute Does Not Bar Insurance for Defense Of Criminal Actions Filed By Federal Prosecutors

California Insurance Code Section 553.5(b) prohibits insurers from providing a defense for certain types of claims, including criminal claims. Does statute preclude a defense for all criminal claims or just some? In Mt....more

Short Wins - Missing Evidence, Medicare Fraud, And How Normal People React To Federal Prosecutions

There was only one published criminal case in the federal circuits last week where the defendant won. It's a good case on jury instructions for missing evidence, and the short write up is below....more

Short Wins - Is It Unseemly That DOJ Asks For New Prosecutors While Federal Defenders Are Being Laid Off?

Three opinions are in this week's "short wins" - on restitution calculation, competency in a bank robbery case, and the Fair Sentencing Act....more

How Does Immunity Work in a Federal Criminal Case? [Video]

Matt Kaiser, a Washington DC federal criminal defense attorney at The Kaiser Law Firm PLLC (http://www.tklf.com), discusses how immunity works in federal criminal investigations and federal criminal cases. Sometimes, a...more

What Happens in a Federal Grand Jury? [Video]

Matt Kaiser, a Washington DC federal criminal defense attorney at The Kaiser Law Firm PLLC (http://www.tklf.com), discusses what happens in a federal grand jury. When a person receives a subpoena to appear in the grand...more

How Do Federal Prosecutors Categorize People Who Are Involved in an Investigation? [Video]

Matt Kaiser, a Washington DC federal criminal defense attorney at The Kaiser Law Firm PLLC (http://www.tklf.com), discusses the different statuses in a federal criminal investigation - subjects, targets, and witnesses. If...more

Should Wall Street Fear Mary Jo White? [Video]

Feb. 1 (Bloomberg Law) -- Mary Jo White has spent decades as both a federal prosecutor and later as outside counsel for many financial institutions. If the Senate confirms her as SEC chair, will Wall Street be facing a lawyer...more

What Is The Difference Between Federal And State Criminal Prosecution?

Computer activist Aaron H. Swartz was indicted by a federal grand jury in July 2011 after allegedly downloading millions of academic journal archives via a laptop housed in a network closet in MIT. He was charged by...more

Insider Trading Enforcement And Deterrence

It is hard to know whether the government’s aggressive enforcement of insider trading laws deters criminals from violating securities laws. One key factor in this equation is the risk of getting caught. The Obama...more

How Does Cooperating In A Federal Criminal Case Work? [Video]

Matt Kaiser, a Washington DC federal criminal defense attorney at The Kaiser Law Firm PLLC (http://www.tklf.com), describes how cooperating with the federal government - to provide evidence that a federal prosecutor can use...more

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