Written by the lawyers who fight these cases.
Target letters, subpoenas, proffers, sentencing - practical answers for people actively facing these decisions, published from the defense desk.
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DOJ Target Letters
Read the article: DOJ Target LettersYou received a target letter from the U.S. Attorney’s office. You’re freaked out. You Googled “What should I do if I received a target letter?” and you’re now…
FIG. - THE DEFENSE DESK
Latest from the desk.
Federal · White collar · Process
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Can the Government Revoke My Cooperation Agreement?
Read →: Can the Government Revoke My Cooperation Agreement?The answer is yes, though the word "revoke" conceals more than it clarifies. A cooperation agreement in the federal system is a…
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Breach of Cooperation Agreement: What Happens Next?
Read →: Breach of Cooperation Agreement: What Happens Next?The cooperation agreement was never the difficult part. Signing it required nothing more than a shared intention and two signatures on a…
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Understanding Your Federal Plea Agreement: Cooperation Provisions
Read →: Understanding Your Federal Plea Agreement: Cooperation ProvisionsThe cooperation provision is the most consequential clause in a federal plea agreement that almost no one reads with the attention it…
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What Is a Federal Cooperation Agreement?
Read →: What Is a Federal Cooperation Agreement?The Conditional Promise A federal cooperation agreement is, if one is being precise about the instrument, not an agreement in the sense…
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Rule 35 vs. 5K1.1: Which Motion Is Right for My Case?
Read →: Rule 35 vs. 5K1.1: Which Motion Is Right for My Case?The Question Itself The distinction between a §5K1.1 departure and a Rule 35(b) reduction is not, in most federal cases, a choice…
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How to Get the Government to File a Rule 35 Motion
Read →: How to Get the Government to File a Rule 35 MotionThe Mechanism You Cannot Operate The only person who can shorten your federal sentence under Rule 35(b) is the person who prosecuted…
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Cooperation Agreements & Plea Deals
Read →: Cooperation Agreements & Plea DealsCooperation Agreements and the Illusion of Reciprocity Cooperation does not produce what most defendants believe it will produce. The word itself suggests…
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Can I Cooperate After I'm Already in Federal Prison?
Read →: Can I Cooperate After I'm Already in Federal Prison?The answer is yes, and the mechanism is more structured than most inmates realize when they first consider it. Federal Rule of…
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Rule 35(b) Explained: Reducing Your Sentence After Cooperation
Read →: Rule 35(b) Explained: Reducing Your Sentence After CooperationBefore the first debriefing session, before a single name is offered to a government recording device, the trajectory of a Rule 35(b)…
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Rule 35 Motions (Post-Sentencing Cooperation)
Read →: Rule 35 Motions (Post-Sentencing Cooperation)Rule 35 Motions: The Narrow Path to Post-Sentencing Relief The Architecture of Post-Sentencing Relief The federal system offers few mechanisms for reducing…
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Challenging the Government's Refusal to File a 5K1.1 Motion
Read →: Challenging the Government's Refusal to File a 5K1.1 MotionThe government's refusal to file a 5K1.1 motion is, in most circuits, one of the least reviewable exercises of prosecutorial discretion in…
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What If the Government Promised a 5K1.1 Motion but Didn't File One?
Read →: What If the Government Promised a 5K1.1 Motion but Didn't File One?The government's promise to file a 5K1.1 motion is, in the majority of federal cooperation agreements, not a promise at all. It…
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