Allegations of prosecutorial misconduct recently reverberated across the country during the federal prosecution of former Alaskan Senator Ted Stevens and threatened to undermine the public's confidence in the criminal justice system.
The presiding judge, the Honorable Emmet G. Sullivan (appointed by President Clinton in 1994) excoriated the U.S. Department of Justice's prosecutors, declaring, "[a]gain and again, both during and after the trial in this case, the Government was caught making false representations and not meeting its discovery obligations." United States v. Stevens, Criminal Action No. 08-231(EGS) (D.D.C.), Mot. Hr'g. Tr. 4 (Apr. 7, 2009).
Judge Sullivan further observed that he had "never seen mishandling and misconduct" like what he saw from the Justice Department prosecutors in the Stevens case. Id. at Tr. 3. As a final blow, Judge Sullivan dismissed the conviction and took the extraordinary step of naming a special prosecutor to investigate the conduct of the prosecutors.
In the aftermath, Attorney General Eric Holder acknowledged that mistakes had occurred: "After careful review, I have concluded that certain information should have been provided to the defense for use at trial." See Statement of Attorney General Eric Holder on Stevens Case, U.S. Department of Justice, April 1, 2009.
Following the dismissal of the indictment, a working group in the Justice Department was charged with reviewing the Department's policies, practices and training related to criminal case management and discovery and recommending areas for improvement.
Based on this group's efforts, Deputy Attorney General David W. Ogden issued a Jan. 4, 2010, Memorandum (the "Ogden Memo"), that provides guidance to prosecutors on meeting criminal discovery obligations and establishes minimum considerations for prosecutors in every case.
Specifically, it provides federal prosecutors with a framework to "avoid lapses that can result in consequences adverse to the Department's pursuit of justice." See David W. Ogden, Deputy Attorney General, Memorandum for Department Prosecutors, Guidance for Prosecutors Regarding Criminal Discovery, Jan. 4, 2010 at 1.
Mark Salah Morgan authored an article, "Strengthening Egypt's IP Laws Could Help Fight Brain Drain," which was published in Law360.
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Dina Kapur Sanna and Carl A. Merino co-authored an article, "Long Arm of the Law: The Risk to U.S. Practitioners of Prosecution for Facilitating Foreign Tax Offenses," (subscription required) in the June 2017 issue of Trusts & Estates Magazine.
On June 15, Dina Kapur Sanna and Carl A. Merino moderated a discussion panel at the Cambridge International Wealth Advisors Forum 2.0 held in Lisbon about the role of wealth advisors as "gatekeepers" to the financial system and measures being implemented by different jurisdictions to combat money laundering and tax evasion, including obligations imposed on lawyers and other advisors.
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Jed Davis was quoted in an article, "'Click Fraud' Trial To Test Reach Of Feds' Cybercrime Powers," in Law360.
Steven Cash was quoted in a pair of articles, "Trump-Mueller tensions escalate," published in The Hill; and "Jeff Sessions' appointment of special prosecutor bites Trump," published in The Washington Times.
Eric Fader was quoted in an article, "Nurses Hit Hardest by Medicare and Medicaid Exclusions," published in Bloomberg BNA's Health Care Fraud Report.
Stan Twardy, Elizabeth Latif and Eric Sussman were successful in having a federal judge dismiss a False Claims Act lawsuit against our client Sikorsky Aircraft Corp.
Danielle Corcione was quoted by Law360 in the article titled "Attys Dish on Escobar's FCA Impact One Year Later," in which she commented on the U.S. Supreme Court's decision one year ago in Universal Health Services v. Escobar and its impact on False Claims Act litigation.