• 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.

  • 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  

  • Congressional Investigations,  Fifth Amendment

    Where Did You Go, Batman? Martin Shkreli, Congress, the Fifth Amendment and You

    It does not help that the most recent symbol of the Fifth Amendment is The Joker:   There has been plenty of news coverage about Martin Shkreli, “pharma bro” and alleged securities fraudster, and his appearance before Congress.  (Examples are here, here and here).   The proceeding itself was snarky, entertaining and time-wasting: Congressional testimony is political theater, no more and no less, but some observations are in order for us non-Joker citizens, as well. As a refresher, it never hurts to take a look at what the Constitution actually says: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment…

  • Congressional Investigations

    Lessons From An Ex-Congressional Lawyer

    Almost two decades ago, I learned several lessons as a Congressional lawyer, some more useful than others.  Here is a 59-second summary of the better lessons. Let’s go over a few more lessons that might be useful, should you or your client be summoned to appear before a House or Senate Committee. The Lessons of Congressional Peculiarities A document request or interview demand from Congressional investigatory staff could be a one-time, narrowly-focused inquiry or part of a complex investigatory broadside – involving simultaneous civil, criminal and congressional investigations into a company (or its employees) or even an entire industry.  Examples in recent times include antitrust, food-and-drug, environmental, financial and corporate-governance…