• Search Warrants

    Search Warrants and Russia Raids

    The execution of a search warrant on a residence owned by Paul Manafort, President Trump’s former campaign director, raises some interesting questions.  Search warrants are rarely necessary in white-collar cases, yet their use seems to be more and more common. Here was my take on Brian Williams’s MSNBC show The 11th Hour: As I told Michael Schmidt of the New York Times: “A search warrant is very bracing for the person who is being searched,” said Jack Sharman, the former special counsel to the House Banking Committee during its Whitewater investigation of President Bill Clinton in the 1990s. “It’s very invasive and sends a loud statement from the prosecutors to the…

  • Cocktails

    Summer Crime, “Young Lawyers,” Martinis

    Summer’s heat is fully upon us.  Let us take a moment for crime fiction and cocktails. For recent crime-fiction releases, take a look at Midmonth Book Notes  from The Poisoned Pen bookstore. Also, here is a useful “review of reviewers” from The Rap Sheet blog.  And, for the visually-oriented, The Rap Sheet has a YouTube channel.  One clip I found there was for a show called “The Young Lawyers,” which ran from 1969 to 1971 and which I vaguely recall.  As described by IMDb: David Barrett [a young-looking Lee J. Cobb] heads an organization in Boston that supports poor and indigent clients with the aid of young lawyers, Aaron Silverman is the young…

  • Social Media

    Booze Beats Law: Subscribe to White Collar Wire

    Please take a moment to subscribe to White Collar Wire’s email newsletter.  You’ll get notice of articles before anyone else in the Western world. Just look to the left where it says, very helpfully: Subscribe to our Newsletter Enter your email address and press the “Subscribe” button with the unnecessary exclamation point. If you are a mission-statement type, here’s ours: This is a blog about business crime.  We post stories about news, cases, judicial opinions, practical tips and scholarly work regarding white-collar criminal and civil enforcement, grand jury investigations and regulatory compliance.  We want to be useful to businesspeople, internal counsel, defense lawyers in private practice, prosecutors and law-school teachers.…

  • Books,  Literature

    13 Books Every White-Collar Lawyer Should Read

    Of the making of lists of books, there shall be no end. Nevertheless, here is one more. Set out below are 13 works that every white-collar lawyer – defense counsel, prosecutor or judge – should read. Why take on such a presumptuous project? Three good reasons. First, lists start conversations. Although law is (or was) a “learned profession,” relatively few lawyers in my experience have read broadly or deeply since college.  The press of work does not allow otherwise.  Our professional learning is utilitarian, narrow, cramped and quickly (or gratefully) forgotten. Second, the proponent of such a list (that is, me) must review, reconsider or even reread works first encountered…

  • Controlled Substances Act,  Drugs,  Trials, Judges and Jurors

    Risk, Reward and Pain: Doctor Lessons from An Opioid Trial

    Opioid medications continue to be in the news, as demonstrated by the recent nationwide state attorneys-general investigation.  This situation only demands more attention from physicians and other healthcare providers who may face significant criminal sanctions. My law partner Brandon Essig recently wrote in Medical Economics: Over the past three decades, opioids have become a standard and effective component of pain management for many practitioners. They are effectively and safely prescribed in every conceivable clinical environment—primary care facilities, hospitals, pain management clinics and even dentist offices. They are prescribed to treat chronic and intractable pain, such as advanced stage cancer pain or severe burns, but they are also prescribed to treat soft…

  • Controlled Substances Act,  Health Care

    Stethoscopes, Handcuffs and Pain

    When does managing pain become a crime? And, what can a healthcare provider do to stay out of trouble in these days of the “opioid epidemic”, new federal legislation and the criminal prosecution of doctors? I make a few suggestions here in Pain Management News: That’s the question many physicians, nurse practitioners (NPs), certified registered nurse anesthetists (CRNAs) and physician assistants (PAs) are asking in the wake of a tidal wave of prosecutions related to pain medicine. This has been partly spurred on by the “opioid epidemic.” There has been a sharp spike in convictions—either by guilty plea or by conviction after a trial—of health care professionals involved in pain medicine.…

  • Cocktails

    Vermouth, Bitters and Black Coffee

    In speaking of the martini, Winston Churchill supposedly observed   “I would like to observe the vermouth from across the room while I drink my martini.”  Here is a recipe for a “Churchill martini,” which is basically a glass of cold gin. On the other hand, Julia Child supposedly went to the opposite extreme: a glass filled with vermouth and topped with gin, also known in this recipe as an “upside down martini.” I am no Churchill or Child, on several counts, but I have never understood the anti-vermouth wing of the martini party.  A martini is a cocktail.  A cocktail, by definition, is “an alcoholic drink consisting of a spirit or…

  • Congressional Investigations,  Impeachment

    Congressional Investigations, Criminal Cases and The Knights Who Say “Ni!”

    We are heading into what appears to be a summer of investigations along the Potomac, some of them in the House and Senate.  What are some of the things we might reasonably expect to see as investigations congressional and criminal cross paths?  And what does Monty Python have to do with it? Previously, I shared a few lessons about congressional investigations. First, the short-version video: Jack Sharman – Learning in Congress from Legal Filmworks Unlimited on Vimeo. Second, a longer how-to approach for lawyers and clients in a congressional investigation: In particular: We are in the summer months.  We have written before about  summer hearings: As a former oversight-and-investigations lawyer for…

  • Cocktails

    Needful of a Negroni Cocktail?

    I have been drinking Negroni cocktails recently.  The Negroni presents three virtues: it contains gin, it is bitter and it is simple to make (equal parts gin, Campari and sweet vermouth).  Its simplicity makes it superior for quiet mixing at home or when one is faced with modestly-adept bartenders, as noted by Kevin Sintumuang in the Wall Street Journal: “That’s it?” Yep. Boozy, bitter, bold and built right in the glass, the Negroni has become a steadfast sidekick for me when I need a proper cocktail at a not-so-proper bar, from dive to airport. And when I’m mixing at home, there’s no other drink that produces so much satisfaction with…

  • Health Care

    Electronic Medical Records and Federal Criminal Prosecution

    Electronic medical records (or “EMR”) were supposed to be a boon to the provision of healthcare. As two Boston-area physicians point out, EMR are anything but a benefit: Electronic medical records, or EMRs, were supposed to improve the quality, safety and efficiency of health care, and provide instant access to vital patient information. Instead, EMRs have become the bane of doctors and nurses everywhere. They are the medical equivalent of texting while driving, sucking the soul out of the practice of medicine while failing to improve care. Read the whole article: Death By A Thousand Clicks: Leading Boston Doctors Decry Electronic Medical Records The additional problem for healthcare professionals is that…