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In the past year, we have seen the Department of Justice (DOJ), under the direction of now-former Attorney General William Barr, present arguments in several cases that implicate the conduct of either President Donald Trump or his close advisors. In this article, we consider certain positions taken by DOJ in cases involving Roger Stone, Michael Flynn and the subpoenas duces tecum issued by the New York District Attorney’s Office in connection with its investigation into the Trump Organization. In each instance, DOJ has taken positions that diverge from the positions usually taken by DOJ prosecutors in ordinary criminal prosecutions.
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Not-So-Incidental Byproducts of 'Kelly'
By Gary Stein
Early returns are in, and they indicate that the Supreme Court’s decision in the so-called “Bridgegate” case will be an effective tool for pruning the wild overgrowth that has built up around the federal fraud statutes.
Second Circuit Ruling on Personal Benefit Test Widens Scope of Criminal Insider Trading
By Robert J. Anello and Richard F. Albert
The holding in Blaszczak significantly widens the scope of criminal insider trading. It also creates the anomaly of extending the criminal law beyond the SEC’s civil enforcement authority.
Defending Attorneys Against Extortion Charges Presents Unique Challenges
By Bradley A. Marcus
Although the criminal prosecution of lawyer misconduct is nothing new, the recent indictment of a plaintiffs’ lawyer in Maryland and sentencing of two plaintiffs’ lawyers in Virginia illustrate the particular danger to attorneys who arguably cross the line during negotiations with potential litigation counterparties.
Implications of a More Conservative Supreme Court for White-Collar Practitioners
By Robert J. Anello and Richard F. Albert
A review of recent decisions of the Roberts court and of decisions in which Barrett participated during her limited tenure on the U.S. Court of Appeals for the Seventh Circuit provides some hints regarding how the Supreme Court’s future decisions may affect the law relevant to white-collar criminal practice.
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