...criminal and civil litigation consultants (not a law firm)

White-Collar Crime

We have unparalleled experience conducting and directing criminal investigations in every major financial crime the DOJ prosecutes. The DOJ usually only indicts the most easily provable, slam-dunk type white-collar crime cases.  Consequently the Defense Bar comes to expect a low-win probability when defending federal White-Collar clients, which sadly, too often translates into a low-effort defense.  Consequently the government can become very sloppy in conducting their investigation because tracing the money flow usually document's the incident without much question.  The result is that even lazy, incompetent prosecutors and investigators rack up very high-win percentages.   But, hidden within the governments' laziness and sloppiness, are golden opportunities to defend cases.  In many instances, even a minor, "investigation into the prosecution" by someone knowledge about where federal investigative weaknesses lurk,  can cause major fissures between investigators and the prosecution.  Sometimes the victim isn't as innocent a dupe as they are telling the government; many times the informant is a liar and investigators don’t know about their hidden agendas and self-serving actions; sometimes the agents and their superiors have important impeachment information available about them.  We specialize in unearthing these types of weaknesses and many others, especially conducting post indictment discovery review and Motions to Compel that often rocks the prosecution and investigators. 

Our special areas of emphasize are:  

  • Securities and Financial Institution Fraud: (Bank Fraud and Financial Institution Failure, Securities/Stock Fraud, Market Manipulation, High-Yield Investment Fraud, Ponzi Schemes, Mortgage Fraud, Defense/Government Procurement Fraud/ Telemarketing Fraud and Accounting Fraud).

  • Corruption (Elected/Appointed Officials, Law Enforcement Officers and Judicial Officials).

  • Healthcare Fraud

  • Civil Rights

  • The Foreign Corrupt Practices Act

  • Money Laundering

  • Terrorism

Terrorism Investigations

 Almost always, the government gets it right in terrorism prosecutions.  But, occasionally, mentally diminished persons get targeted or inexperienced agents and naive prosecutors are no match for sophisticated informants steering an investigation horribly off-course.  Likewise, the undercover technique can be used with devastating skill by the FBI, but occasionally the technique is botched, and those mistakes are often hidden.  Our terrorism consulting services focuses a lawyer on determining whether the government properly predicated targets, if undercover operational authority limitations were followed,  whether privileged religious relationships were abused, if the diminished capacity of a defendant may have been exploited,  whether classified information was properly obtained, whether government informants were self-dealing criminals lying to agents and prosecutors and entrapping citizens for personal or financial gain, and whether the government is compliant with its substantial discovery obligations.   You cannot consult effectively on these significant due process issues in counterterrorism cases unless you have substantial counterterrorism investigative success.  We do.

Key Areas for Investigative and Due Process Review in Terrorism prosecutions are:

  • Ensuring there was proper predication of investigative Targets

  • Finding government suggestion of crimes, and locating substantial corroborating information, which is often overlooked

  • Use of the Undercover Technique, particularly compliance with the draconian operational authority that is usually in place

  • Evaluating government actions to infer whether the government was, or was not, taking the Target seriously

  • Idenitfying Giglio issues, evidence collection issues and electronic evidence collection problems that are often present

  • Misuse of Classified Systems to obtain information without proper procedures being followed

  • Terrorism Investigators many times are inexperienced criminal investigators; we identify weaknesses from that circumstance

Corruption

Proving that an elected or appointed  official, law enforcement officer, or a judge has committed corrupt acts, is probably among the most daunting and difficult investigative tasks faced by FBI agents and prosecutors.  An FBI Supervisor can unilaterally initiate an investigation into any alleged violation in the federal criminal code, EXCEPT for investigations into corruption!  I authorized hundreds of FBI investigations be initiated that I thought were justified by doing nothing more than placing my initials on a short justifying document.  Not so with corruption investigations!  A corruption case must be personally approved by one of a very small number of the FBI's top executives.  An extensive written summary of the justification must be provided, and the executive must sign, and take responsibility for initiating a corruption case.  Many rigid policies and procedures are in place, both in the FBI's Operational Guidelines and the U.S. Attorney's Office Manual, to guard against capricious corruption investigations.  Those wide-ranging rules are mine fields for investigators to navigate.   The resulting investigative environment routinely makes investigative mistakes inevitable in corruption cases.  Finding those mistakes can be instrumental in defending corruption indictments.   

No Back Door

We don't pretend to have a backdoor to help solve your problem. If contact with authorities is appropriate, we will assist you in a transparent, forthright manner. Speaking with authorities is a one-way street, you give, you do not get. Don't hire us if you're looking for an insider, someone with informal communications channels or someone selling access. There are plenty out there who will promise you that. Please, hire them, not us, if that's what you want.