A lot has happened in the last few months. This is so both in the world of white-collar enforcement and just in the world. I thought I’d share some thoughts on last week’s news about Michael Flynn and the Supreme Court’s decision in the “Bridgegate” case.

I. Flynn-sanity or: Gee, it must be nice to be the President’s buddy when you lie over and over again.

First up, Michael Flynn. He’s been a repeat player on this blog.

The Background. The short version is this: After the 2016 election but before the 2017 presidential inauguration, incoming National Security Advisor Flynn spoke to Russia’s ambassador to the U.S. about U.S. sanctions against Russia. He asked the Russians not to escalate tensions. But he told incoming Vice President Pence later in the transition that he had not discussed the sanctions. He told the FBI the same thing in late January 2017. He pleaded guilty to one charge of making a false statement to the FBI, and also admitted that he had acted as an unregistered agent of the Turkish government during the transition, and that he made false statements to DOJ in March 2017 about his actions on Turkey’s behalf. But then he tried to withdraw his guilty plea. Last week, DOJ filed an unusual motion asking the court to drop the charges against Flynn.

The Controversy. Depending on who you ask, this is either (1) vindication for an innocent man railroaded by the FBI, (2) a stunning assault by the Attorney General on the rule of law and an act of pure corruption to protect the President’s allies, or (3) a small taste of the kinds of pressures that less well-connected subjects of federal investigation face every day. For my part, I lean toward some version of (2) and (3), though neither completely captures my view.
Continue Reading Some Thoughts on Michael Flynn & Bridgegate

What happens when the President of the United States asks for a bribe?

I know what you’re thinking: what could possibly have inspired this topic? I’m not here to throw partisan stones or to take sides on the House’s ongoing impeachment inquiry, though publicly available information is pretty damning. Instead, I want to look at what we know now—and what we might know in the future—through the lens of the federal criminal law governing bribery.

I want to briefly explain four things:

  1. What the bribery statute says
  2. Why the facts about Ukraine-gate potentially implicate the solicitation—but not the offering—of a bribe by the President
  3. Whether the bribery statute applies to the President
  4. What legal defenses the President may have if he’s ultimately prosecuted


Continue Reading Presidential Bribery

Recent weeks have seen a few significant white collar issues in the Pacific Northwest and nationally.

Perhaps none has attracted more national attention than the charges against an accused hacker who allegedly compromised the personal and financial data of more than 100 million Capital One customers. The defendant is also suspected of hacking data held by dozens of other companies. She has been detained pending trial. Wired has a great write up on the case. We may explore “cryptojacking”—using the processing power of computers one doesn’t own to mine cryptocurrency, as the defendant here is alleged to have done in a few instances—in a future post.

After 18 years, there have finally been criminal charges related to the tragic murder of a federal prosecutor here in Seattle. We’ve discussed the murder before, when former Deputy Attorney General held a press conference on the subject. Unfortunately, the new charges are not for the murder, but for a witness’s allegedly false statements before a grand jury. One can only hope that these actions represent meaningful progress on seeking justice for a profound tragedy and an assault on the rule of law itself.


Continue Reading Data Breaches and More False-Statements Charges

  • We’ve linked to alleged gold-based fraud schemes before. Here’s another set of charges—for mail fraud in Oregon—against the owners of a coin business who allegedly misrepresented their operations to clients.
  • And in Alaska, a sparsely detailed indictment for money laundering growing out of a drug operation.
  • DOJ dispatched a representative to Prague to

Happy new year! While the shutdown has slowed DOJ, it has not stopped it. And we have fraud documentaries from Netflix and Hulu.

  • Just after the new year, the Senate confirmed Brian Moran as the Western District of Washington’s new U.S. Attorney.
  • Also in Seattle, a guilty plea to wire fraud and filing a false

Happy holidays after a long break. While we may have been quiet, DOJ has not.

  • The U.S. Attorney’s Office in Portland has charged three men with bank fraud and money laundering. The three allegedly used SnapChat to recruit students at Grant High School in Portland to deposit counterfeit checks, luring the teens with pictures of

Been a while — not sure “Roundup of White Collar News” is the catchy phrase we’re looking for after a month or so, but here we go:

  • Interesting explanation of the Carter Page FISA application over at Lawfare
  • The Attorney General announced the publication of the Cyber-Digital Task Force Report — Question: does anyone actually

Last week, I teased the continuation of a series of posts about the Fifth Amendment.  That’s still coming, but I had to return to another common theme first.  My preview came at the end of a post about both the Fifth Amendment and parallel proceedings, which I’d also written about before. The Inception-ing of the blog continues with yet another brief comment on parallel proceedings, this time inspired by a news item that Justin flagged in last week’s roundup: Deputy Attorney General Rosenstein gave a speech before the New York City Bar Association’s annual white collar crime conference.  The whole speech is worth watching or reading, but the highlight of the address was DAG Rosenstein’s announcement of “a new Department policy that encourages coordination among Department components and other enforcement agencies when imposing multiple penalties for the same conduct.”

Continue Reading Genug with the Parallel Proceedings . . .