Blog

  • Dual Sovereignty Remains – Gamble Decided

    The Gamble case, decided by the Supreme Court, holds that the dual-sovereignty doctrine will remain in place. It is a 7-2 decision with Justices Ginsburg and Gorsuch on the dissent. See here.  Commentary to follow.  (esp)

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  • Special Counsel Mueller Speaks

    Special Counsel Muller has remained silent and conducted the Investigation appropriately without leaks.  He spoke with a detailed Report, and that Report has been shared in part with the public.  Today he spoke in a press conference letting everyone know he has nothing more to say than what is in the Report. So it seems

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  • Third Global White Collar Crime Institute – Prague, June 27-28, 2019

    Readers of the blog might be interested in the upcoming Third Global White Collar Crime Institute, which will occur in Prague, Czech Republic on June 27-28, 2019. The Global Institute is a unique ABA Criminal Justice Section conference opportunity structured to bring together experts in the field of international white collar crime to meet and

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  • AG Barr on Obstruction of Justice – Will this be the new DOJ Policy

    AG Barr's statement (here) accompanying his testimony this morning before the Senate Judiciary Committee states in part with regard to obstruction of justice: "In Volume II of the report, the Special Counsel considered whether certain actions of the President could amount to obstruction of justice. The Special Counsel decided not to reach a conclusion, however,

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  • New DOJ Policy on Evaluation of Corporate Compliance Programs

    DOJ issued a new Guidance Document on Evaluation of Corporate Compliance Programs (here). Some thoughts – Prosecutorial discretion remains as the document states – "Because a corporate compliance program must be evaluated in the specific context of a criminal investigation, the Criminal Division does not use any rigid formula to assess the effectiveness of corporate

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  • Former Penn State President’s Conviction Overturned

    Billy Witz, NY Times, April 30, 2019, Judge Overturns Conviction of Ex-Penn State President in Sandusky Case (esp)

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  • Prosecutorial Discretion in Operation Varsity Blues

    Prosecutors have enormous discretion.  They decide who to charge, who will receive a plea, who gets cooperation credit, and now we see even more of that discretion being used – tacking on additional charges (money laundering) and adding defendants to existing indictments. In Operation Varsity Blues, prosecutors initially had some Indictments, some Informations (individuals typically

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  • AG Barr’s Summary of the Mueller Report

    One needs to give credit to AG Barr for his quick release of a preliminary statement (see here – Download AG March 24 2019 Letter to House and Senate Judiciary Committees) concerning the Report of Special Counsel Mueller, which is titled, Report on the Investigation into Russian Interference in the 2016 Presidential Election.  But one

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  • Assistant Attorney General Brian A. Benczkowski’s Speech at ABA White Collar Conference

    I wasn't there, but was just reading Assistant AG Benczkowski's written remarks from the 33rd Annual ABA National Institute on White Collar Crime (see here).  Here are some thoughts that caught my eye – It is good to see his approach on recognizing that companies are more likely to comply if they know the rules

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  • Manafort Sentences – Federal Courts

    Paul Manafort has now been sentenced by two different judges in two different courts on two different cases.  It remains to be seen if we will have a third sentencing as Manhattan District Attorney Cyrus Vance Jr. just announced additional charges against Manafort. (see here & here).  A week ago  Manafort received a sentence of

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