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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Featured · Uncategorized
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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College Student Federal Arrest
Read →: College Student Federal ArrestThe federal system does not distinguish between a twenty year old and a forty year old at the moment of arrest. The…
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Is It Insider Trading If I Didn't Sell?
Read →: Is It Insider Trading If I Didn't Sell?The answer is yes, and the question itself reveals a misunderstanding of what the statute prohibits. Section 10(b) of the Securities Exchange…
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SEC Form 1662: Understanding Your Rights and Obligations
Read →: SEC Form 1662: Understanding Your Rights and ObligationsThe Document Most Witnesses Never Read The four pages of SEC Form 1662 contain more consequential language than most contracts a business…
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Can I Refuse to Talk to FBI Agents?
Read →: Can I Refuse to Talk to FBI Agents?The Constitutional Right to Say Nothing The Fifth Amendment protects your silence, and it does so whether you are guilty, innocent, or…
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Am I Under FBI Investigation? Warning Signs to Watch For
Read →: Am I Under FBI Investigation? Warning Signs to Watch ForThe Question You Are Already Too Late to Ask The fact that you are searching for signs of an FBI investigation is,…
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Conspiracy Charges in Federal White Collar Cases
Read →: Conspiracy Charges in Federal White Collar CasesThe Function of Conspiracy in Federal Prosecution Conspiracy is the charge that makes every other count in a white collar indictment more…
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Federal Customs Violations: Import/Export Crime Defense
Read →: Federal Customs Violations: Import/Export Crime DefenseThe phone call from a customs broker is not the beginning. By the time a business owner receives notice that Customs and…
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Grand Jury Subpoena Duces Tecum: What Documents Must I Produce?
Read →: Grand Jury Subpoena Duces Tecum: What Documents Must I Produce?The subpoena duces tecum does not ask whether you possess relevant documents. It presumes that you do. The distinction matters, because the…
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Can I Refuse to Testify Before a Federal Grand Jury?
Read →: Can I Refuse to Testify Before a Federal Grand Jury?You cannot refuse the subpoena. You may, under certain conditions, refuse to answer specific questions. The distance between those two facts is…
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How to Quash a Federal Grand Jury Subpoena
Read →: How to Quash a Federal Grand Jury SubpoenaA federal grand jury subpoena carries a presumption of regularity that most recipients do not understand until it is too late to…
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Safety Valve Provisions: Avoiding Mandatory Minimums in Drug Cases
Read →: Safety Valve Provisions: Avoiding Mandatory Minimums in Drug CasesThe Criterion Nobody Prepares For The five requirements for safety valve relief under 18 U.S.C. § 3553(f) are not, in practice, equally…
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FBI Search Warrant at My Home or Business: Your Rights
Read →: FBI Search Warrant at My Home or Business: Your RightsFBI Search Warrant at Your Home or Business: Your Rights The search warrant is not the beginning of the investigation. It is,…
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