To briefly summarize the previous post on Federal Grand Jury Subpoenas, we understand that receiving a Grand Jury subpoena can be a frightening experience, especially if you are not aware of the ongoing investigation. While your instinct may be to tell the federal agents or prosecutor everything you know, it…
As we noted in a prior post entitled, “The Promise and Pitfalls of the Advice-of-Counsel Defense,” an individual accused of a federal crime may be able to take advantage of the good-faith reliance on advice-of-counsel defense. The Eleventh Circuit’s pattern jury instruction on point requires that an accused attempting to…
Although it almost got by me, earlier this week, I learned that last Friday marked the 50th anniversary of the arrest of Jerry Garcia and other members of the Grateful Dead down in New Orleans. On the evening of January 31, 1970, the Dead played a show with Fleetwood Mac…
Being served with a Grand Jury subpoena by federal agents, a government attorney, or both can be a frightening experience. While the initial inclination may be to simply explain to the government agent everything that you know about the investigation, it is important to keep in mind that any statements…
Since the 1970s, the number of federal criminal statutes has exponentially increased. So too has the number of federal regulations, many of which carry criminal penalties. Though there is disagreement among DOJ lawyers, academics, and private lawyers about the precise number of criminal laws codified in federal statutes and regulations,…
Those of us that handle federal criminal cases are closely watching a case that is currently before the Supreme Court concerning the use of acquitted conduct at sentencing. The case, Asaro v. United States, which the Court has not yet decided it will hear, provides the Court with an opportunity…
Last month, I attended a seminar put on by the Federal Defender Program for the Northern District of Georgia that focused on how to handle large scale discovery in criminal cases. The seminar also provided a good discussion of ways to describe to Judges in quantifiable terms the discovery produced…
On January 14, 2020, the Supreme Court will hear argument in Kelly v. United States (No. 18-1059), coined the Bridgegate case. We are eager to see how the Court resolves this appeal because it raises important issues relating to the scope of money-or-property fraud prosecutions. The material facts in the…
As we move towards the holidays and the year end rush to get as many things done as possible, I am sure that most folks are not thinking about CLE hours in 2020. But for those of you that handle federal criminal cases in the white collar area, be sure…
Earlier today, the Department of Justice issued a press release announcing that it reached an agreement with BP Oil in which BP agreed to plead guilty to a number of federal criminal violations. More specifically, according to the press release, BP has agreed to enter guilty pleas to violations of…