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A Second Circuit panel’s decision in 2019 in United States v. Blaszczak, 947 F.3d 19 (2d Cir. 2019), held that a government agency’s confidential information can constitute “property” for purposes of federal criminal fraud statutes. That holding, which was the subject of a dissent by Judge Amalya Kearse, was undermined by the Supreme Court’s subsequent unanimous decision reversing the convictions in the George Washington Bridge case, Kelly v. United States, 140 S.Ct. 1565 (2020), which held that “a scheme to alter … a regulatory choice is not one to appropriate the government’s property.” Days before Thanksgiving, the United States Solicitor General’s office responded to defendants’ petitions for certiorari in Blaszczak. The government agreed that the Supreme Court should vacate the panel’s decision, and suggested a remand for further consideration in light of the intervening decision in Kelly. [Editor’s Note: For more on the “Bridgegate” case, see Gary Stein’s article in this issue.]
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Sorting Through the Trump Financial Documents: How Prosecutors Will Search for Clues
By Nicholas Gaffney
A Q&A with Bobby Malhotra, Munger, Tolles & Olson LLP, Los Angeles
Best Practices for Investigations In Remote Environments
By Colin Jennings, David Meadows, Nicole Wells and John Winkler
The landscape of corporate investigations has changed dramatically in the last year. New regulations, new market pressures, new data sources and more challenging…
Attorney Competence In Technology Is In the Spotlight. Are You Competent?
By Tomas Suros
A summary of the key technology principles addressed in Formal Opinion 498, in which the ABA revised Model Rule 1.1 addresses virtual work environments and practices.
Use of Deferred Prosecution Agreements In White Collar Investigations
By Elkan Abramowitz and Jonathan S. Sack
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA’s new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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