Blog

  • Misreading Rod Rosenstein and Missing a New Angle on Obstruction

    Talking heads were in a dither yesterday, trying to decipher DAG Rosenstein's brief statement about the danger of relying on news accounts from supposedly reliable sources. See here for the Washington Post's account. Below is Rosenstein's statement in full: Americans should exercise caution before accepting as true any stories attributed to anonymous ‘officials,’ particularly when they do not identify the country

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  • Environmental Crime Prosecutions Down

    Trac reports – "The latest available data from the Justice Department show that during the first six months of FY 2017 the government reported 152 new environment prosecutions. If this activity continues at the same pace, the annual total of prosecutions will be 304 for this fiscal year. According to the case- by-case information analyzed

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  • Pucker Up Buttercups: It’s Mueller Time

    Scattershooting, while wondering whatever happened to John B. Henderson.  The appointment of Bob Mueller as Special Counsel sends an unmistakable signal to every politico, white collar lawyer and potential target in DC. It's time to get serious. Think Fitzgerald on steroids. This will be a real investigation, with a real grand jury, and real prosecutors who know

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  • Another Major Corruption Scandal Hits Brazil

    As I mentioned in a post a few weeks ago, the Second Global White Collar Crime Institute will be held in Sao Paulo, Brazil on June 7-8, 2017 at the Law Offices of Trench Rossi Watanabe. The program for the event is now available online.  What was already shaping up to be a fascinating conference will

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  • Hats Off to Rod Rosenstein

    Co-blogger Sol Wisenberg (here) called for Rod Rosenstein to "Hunker down Rod. Your country needs you."  There are many who feared that the appointment of a special counsel would not be as neutral as Deputy Attorney General Rod Rosenstein.  The appointment of special counsel/prosecutor could also delay a current investigation – after all anyone new would have to

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  • Saint Jim Had To Go: Rod Rosenstein Should Stay Put.

    I imagine we will know more about Rod Rosenstein's Memo, and its timing in connection with FBI Director Comey's firing, later this week. Based on the publicly available information, it appears that that when Rosenstein met with the President last Monday he was asked for his views on Saint Jim. Rosenstein no doubt articulated his disapproval

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  • ABA Criminal Justice Section Second Global White Collar Crime Institute

    In 2015, I launched the Inaugural ABA Criminal Justice Section Global White Collar Crime Institute in Shanghai, China. It was an incredible success and brought together practitioners, government officials, judges, consultants, and academics to discuss some of the most important issues in the field. I’m please to announce that the Second Global White Collar Crime

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  • Preston L. Pugh Joins Miller & Chevalier

    Attorney Preston Pugh joined Miller & Chevalier Chartered in the litigation Department. (see here). Preston "Pugh counsels and defends clients in complex civil and criminal litigation, internal investigations, and government investigations. His practice includes matters involving the U.S. Foreign Corrupt Practices Act (FCPA), the False Claims Act (FCA), government contracts, and corporate ethics and governance."  He

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  • Farha – Cert Denied

    The Supreme Court denied cert this morning in Farha v. United States leaving the 11th Circuit decision (Clay) on mens rea standing. For prior discussion of this case see here. (esp)

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  • Rosenzweig on Mike Flynn’s Immunity Gambit

    My old friend Paul "Bunky" Rosenzweig has written an informative primer on immunity from prosecution in the wake of news that former National Security Advisor Mike Flynn wants immunity, purportedly so that he can "tell all." Well, as my Dad used to say, "People in Hell want ice water." Here is Paul's piece from Lawfare. There was an initial

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