• Evidence,  Special Counsel

    More Mueller, and A Question About Hearsay

    On “The 11th Hour with Brian Williams” to discuss the Rick Gates plea: Jack Sharman – MSNBC – The 11th Hour with Brian Williams (Feb. 19, 2018) from LFW on Vimeo. Thankfully, they gave me a head’s up about the hearsay question. We have discussed various aspects of the Special Counsel Investigation here.  

  • Evidence,  FBI,  Special Counsel,  Trials, Judges and Jurors

    Special Counsel Subpoenas, FBI Agent Texts, GoGo Penguin Groove

    An unusual point arose here (at the end) regarding an FBI agent’s political text-messages and cross-examination: Jack Sharman – MSNBC – Meet the Press (Dec. 5, 2017) from LFW on Vimeo. Text Messages and FBI Agents The interview question focused on an agent in the Special Counsel’s office, Peter Strzok, and the fact that he was taken off the the investigation because of alleged anti-Trump, pro-Clinton text messages or other communications.  Congress has requested information from the Department of Justice about Agent Strzok, who was also apparently one of the agents who interviewed Hillary Clinton regarding the matter of her personal email server and who allegedly watered-down the FBI’s conclusions…

  • Evidence,  Fourth Amendment

    Subpoenas, Search Warrants and the Dead

    The Grateful Dead were succinct about it:   “Got a tip they’re gonna kick the door in again/I’d like to get some sleep before I travel/But if you got a warrant, I guess you’re gonna come in” (from “Truckin”) (1970). Here is a piece about subpoenas and search warrants for risk managers.  Short and free. Videos included.  Also free.  No Jerry Garcia, though: On May 2, Jack Sharman spoke at the Spring Meeting of the Alabama Society for Healthcare Risk Management. As a member of the Firm’s White-Collar Criminal Defense and Corporate Investigations practice, Jack has represented physicians, physician-practices, nurses and other healthcare providers in criminal, civil and administrative investigations. Jack spoke…

  • Evidence,  Insider Trading

    Martoma and Harvard Law School (Again)

    We recently addressed the ongoing Mathew Martoma trial “Harvard Law School fraud” story: The Martoma Trial and Character Evidence in White-Collar Trials From Professor Susan Brenner, who blogs at Cyb3rCrim3, here’s a detailed analysis of the Court’s ruling not on the substantive issue — whether the government can discuss his HLS misdeeds at trial — but rather on Martoma’s motion to seal the discussion: The Law Student, Forgery and the Motion in Limine

  • Evidence,  Securities Fraud

    The Martoma Trial and Character Evidence in White-Collar Trials

    In the trial of former SAC hedge fund manager Mathew Martoma, the dispute over getting kicked out of Harvard Law School  is worth noting for what evidence we have juries consider at white-collar trials and what we don’t: In 1999, Mr. Martoma was expelled from Harvard for creating a false transcript when he applied for a clerkship with a federal judge, court papers unsealed on Thursday showed. Mr. Martoma used a computer program to change several grades from B’s to A’s, including one in criminal law, and then sent the forged transcript to 23 judges as part of the application process. Then, during a Harvard disciplinary hearing to determine whether…

  • Evidence,  FCPA,  Legal Education

    Breaking Bad, All the Time: White Collar Crime for Business Lawyers

      The Network of Trial Law Firms is an excellent CLE vehicle.  Here’s a Sharman White Collar Panel Video of a Network panel about white-collar issues for civil lawyers — me, Jackie Arango of Akerman Senterfit (Miami), Joel Neckers of Wheeler Trigg (Denver) and Gerry Leone of Noxon Peabody (Boston).  Here’s the blurb from the Network program: No one thinks of themselves, their employees or their company as “criminals.” On the other hand, Walter White was once just a chemistry teacher. The lines between what are business-crime problems and what are traditional corporate civil issues — compliance, due diligence, regulatory recordkeeping and permitting, whistleblowers, confidentiality, privilege and indemnification — have…

  • Evidence,  Ponzi

    Madoff’s Screw Sculpture, Bill Murray and Rule 403

    The fact that Madoff’s Screw Sculpture Is Excluded From Evidence at Trial (tipped off by @WaltPavlo) is amusing to a non-party, reminiscient as it is of Bill Murray’s character (Frank Cross, the Ebenezer Scrooge character) in the movie Scrooged (1988), a remake of “A Christmas Carol.”   Frank Cross: We’re gonna need champagne for 250 people, and send the stuff that you send to me. Don’t send the stuff that I send to other people. There are, however, some serious implications. The sculpture was recovered from Madoff’s office after his 2008 arrest for masterminding a Ponzi scheme that cost investors about $17 billion in lost principal. Five former Madoff employees…

  • Compliance,  Evidence

    Deferred Prosecutions and Decisions Not To Indict

    Two recent articles in @Dealbook are worth noting because of their discussion of what goes into two very important parts of the American enforcement system: deferred prosecution agreements and a prosecutor’s decision to not indict. In For a Better Way to Prosecute Corporations, Look Overseas,  Brandon L. Garrett (a professor at University of Virginia School of Law) and David Zaring (an assistant professor of legal studies at the Wharton School of the University of Pennsylvania) discuss the spread abroad of an American idea — the deferred prosecution agreement: The favored new tool of the corporate prosecutor, the deferred prosecution agreement, is being actively exported to other countries. In these agreements,…

  • Costs, Budgets and Fees,  Evidence,  Trials, Judges and Jurors

    Civil Lessons From Criminal Trials (on YouTube)

    Criminal Trials.  Civil Lessons. This recent talk on Civil Lessons From Criminal Trials  is primarily directed to internal counsel; what they should think about when hiring outside counsel; and how they should review that lawyer’s plan to defend and resolve the case.  It may be of some interest, though, to outside counsel looking for a different perspective on handling his or her civil case. Here is the (very short) written Handout.