• Cooperation Agreements,  Special Counsel

    The Winter Olympics of Cooperation: The Bridge On The River Kwai, White-Collar Self-Image and Federal Sentencing

    With all of the discussion  about Special Counsel Robert Mueller and his “cooperators,” now is an appropriate time to revisit the basics of “cooperation” in white-collar investigations. “Cooperation” is a complex concept for individuals and businesses caught up in white-collar criminal cases, compliance reviews and breakdowns of business ethics.  As with the more obscure or corrupt Winter Olympic events, there are ways to demystify the complexity, but it is not easy. In David Lean’s 1957 film The Bridge On The River Kwai, we see cross-currents of duty, vainglory, cooperation, resistance, collaboration and death.  (We also hear some great whistling, but that is another matter).  All of these ideas and emotions come…

  • Cooperation Agreements,  Special Counsel

    Cooperation, and Something to Cooperate With

    From The Hill: With Mueller’s probe advancing behind closed doors, it is impossible for onlookers to judge the value or extent of any one witness’s cooperation. At the same time, observers say the deals Mueller has struck signal he believes their cooperation to have significant value. “If they have struck a deal where they’re going to cooperate, then that’s a pretty good indication that special counsel’s office believes they have something worth cooperating over,” said Jack Sharman, a former special counsel to Congress for the Whitewater investigation. Read the full story by Morgan Chalfant here.

  • Public Corruption,  Special Counsel,  Witnesses

    Special Counsel, Special President, Special Interview

    To interview or not interview? A common question not just for the President of the United States but for any executive, business owner, professional or officeholder who might be approached by agents or prosecutors: We have earlier addressed the perils of interviews here . . . and here: All witnesses do well to bear in mind Proverbs 18:17: “The one who states his case first seems right, until the other comes and examines him.”

  • 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…

  • Congressional Investigations,  Special Counsel

    Whitewater and Russian Rapids

    On “The 11th Hour with Brian Williams” to discuss the Mueller indictments: Jack Sharman – MSNBC – The 11th Hour with Brian Williams (Oct. 31, 2017) from LFW on Vimeo. We have discussed the Special Counsel’s case before: Search Warrants and Russia Raids. Congress will likely take a turn here.  We have reviewed the role of Congressional investigations and special counsel investigations: Congressional Investigations, Criminal Cases and The Knights Who Say “Ni!” Lessons From An Ex-Congressional Lawyer   Where Did You Go, Batman? Martin Shkreli, Congress, the Fifth Amendment and You