Header graphic for print
White Collar Defense & Compliance Developments in Criminal Law, Federal Case Law and Statutory Developments

Category Archives: Grand jury

Subscribe to Grand jury RSS Feed

Victim Of Securities Fraud Successfully Relies On SEC Protective Order To Shield Tax Information From IRS

Posted in Grand jury, Investor fraud

There are a variety of circumstances under which investors may provide sensitive tax-related information to the Securities and Exchange Commission; they may be victims of securities fraud eager to assist the SEC in recovering lost monies or, under the SEC’s newly-developed policy of encouraging and rewarding cooperation — previously reported here — they may be low-level… Continue Reading

One-person corporation has no Fifth Amendment privilege

Posted in Grand jury

More than twenty years ago the Supreme Court decided the case of Braswell v. United States, 487 U.S. 99 (1988), in which the Court extended to even small, closely-held corporations the principle that corporate entities have no Fifth Amendment privilege to assert in opposition to a subpoena seeking corporate records.  In its famous, and tantalizing, footnote 11,… Continue Reading

Grand jury testimony of cooperator, who was not called by the government at trial, admissible under FRE 804(b)(1)

Posted in Evidence, Grand jury

Monte McFall, a local California lobbyist and ex-officio staffer for an elected official, was charged in a Hobbs Act conspiracy for allegedly coercing a state contractor into paying McFall a fee in exchange for McFall’s assistance in securing funding. The co-conspirator, a lawyer and crony named Sawyer, had earlier testified at length in the grand… Continue Reading

Non-target letter not worth paper it’s printed on?

Posted in Grand jury

Practitioners have long understood that there is some psychic, but little practical, value in securing from the government a letter attesting that the client is not, based on the information then known to the prosecutor, currently considered a target of a grand jury investigation.  Such letters are generally heavily caveated, making it clear that the… Continue Reading