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  • Acting AG Reinstates Former AG Holder Policy on Charging and Sentencing

    The DOJ's Acting Attorney General Monty Wilkinson reinstated the Department Policy on Charging and Sentencing of May 19, 2010.  Although noted that this is an interim measure pending the confirmation of a new Attorney General, it demonstrates the forceful return to a policy that is premised on "individualized assessment."   The new policy dated January 20,

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  • Corporate Criminal Reform

    Professor Brandon Garrett here looks at books by  Jennifer Taub here and Hon. Jed Rakoff here in discussing corporate criminal reform.  This is definitely an area that President Biden will need to re-examine. (esp)

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  • Former AG Richard Thornburgh RIP

    The press is reporting the death of former Governor of Pa. and Attorney General Richard "Dick" Thornburgh (see here and here). Many will reflect on his handling of the Three Mile Island crisis.  Others will look at his time as Governor.  But criminal defense attorneys will likely recall the Thornburgh Memo that called for prosecuting

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  • 2020 White Collar Crime Awards

    Almost each year this blog has honored individuals and organizations for their work in the white collar crime arena by bestowing "The Collar" on those who deserve praise, scorn, acknowledgment, blessing, curse, or whatever else might be appropriate. With the appropriate fanfare, and without further ado, The Collar for 2020 is:                 2020

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  • Corporate Transparency Act

    The Corporate Transparency Act is part of the 2021 National Defense Authorization Act (NDAA). This is important bi-partisan legislation that will provide transparency when companies and individuals are using shell corporations to "thwart law enforcement and hide their illicit activities." (See Rep. Carolyn B. Malony's webpage).  A description of the Act can be found here. 

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  • COVID19 & Jury Trial

    Judge Gary R. Brown issued a Memorandum & Order in U.S. v. Cohn allowing for a waiver of a jury trial despite government objection. In this unusual move, in these unusual times, he is allowing for a securities fraud related case to proceed to a bench trial with the defendant's consent, but without the government's

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  • Flynn Hearing – Maybe This is Not Mandamus

    Yesterday's Flynn hearing was long – almost four hours – and somewhat contentious. But it was more about the role of Mandamus then what Flynn's attorney would have wanted the court to consider.  Prosecutors typically do have discretion to dismiss cases as they so please.  But when an individual has already plead guilty, the question

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  • What A Durham Report May Look Like: Hasn’t Anyone Heard of Speaking Indictments?

    Speculation is rampant about indictments that may result from Connecticut U.S. Attorney John Durham's probe into the FBI's handling of the Crossfire Hurricane investigation, and the Bureau's four materially false FISA Applications submitted to the FISA Court. Fans of the President, expecting or demanding a rash of indictments, are likely to be as disappointed as

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  • Patricia Hurtado, Trump Oversees All-Time Low in White Collar Crime Enforcement (esp)

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  • Michael Flynn Update: D.C. Circuit Sets Argument Times and Asks Parties to Address Judge Sullivan’s Possible Disqualification

    The U.S. Court of Appeals for the D.C. Circuit today announced the allocation of oral argument time in the Michael Flynn Mandamus case, In re Flynn. This was expected. Twenty minutes each were allotted to General Flynn, the Department of Justice, and Judge Emmet Sullivan. The Court "FURTHER ORDERED that, in addition to the issue

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