“I am not going to answer your trick questions, Mr. Wisenberg.”

PRESIDENT BILL CLINTON

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White-Collar Crime: The Crash Course

A Primer for Individuals Exposed to Federal Fraud Charges By Solomon L. Wisenberg Solomon L. Wisenberg is a partner and co-chair of the white collar criminal defense practice group of Nelson Mullins Riley & Scarborough, LLP. Introduction: Witness-Subject-Target At the heart of most

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White-Collar Crime: Avoiding Indictment

Part 3. AVOIDING INDICTMENT A. Getting Indicted Is Bad For most white-collar crime clients, avoiding indictment is the name of the game. Getting indicted is financially and psychologically devastating and typically means a ruined reputation, debarment from doing business with

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White-Collar Crime: Going to Federal Trial

Part 5. GOING TO TRIAL A. Counsel’s Credibility Is A Key Factor Your attorney’s credibility, particularly in a white-collar crime case, cannot be emphasized enough. The jury must see your lawyer as a straight shooter. The minute the jury perceives

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U.S. Supreme Court Rules on Doctors Illegal Distribution of Schedule II Narcotics under the Controlled Substances Act

Over the past several years, doctors across the United States have been convicted under the Controlled Substances Act under what amounts, in many circuits, to a civil malpractice/negligence standard. Those days now appear to be gone. As published in the White Collar Crime Prof Blog Massive Victory for Physicians and the White Collar Bar in the Government’s War Against Doctors

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January 6 Committee – The Concept of Willful Blindness

Federal criminal defense attorney Solomon Wisenberg provides commentary regarding the January 6 Committee’s recent hearing focusing on all of the advisors who told Trump he had lost the 2020 election fairly and how relevant it will be to any decision by AG Merrick Garland to charge Trump with a federal crime as the media explains willful blindness in dramatic tones.

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The Timothy Shea Federal Fraud Mistrial in the United States District Court for the Southern District of New York

Washington, D.C. Federal criminal defense attorney Solomon Wisenberg reviews Southern District of New York (SDNY) Judge Analisa Torres’ grant of a mistrial last week in the federal fraud trial against “We Build A Wall” defendant Timothy Shea. As published in the White Collar Crime Prof Blog The Timothy Shea Mistrial: It’s Tough To Dismiss An Obstinate Juror By Solomon L.

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Responding to an SEC Subpoena During a Securities Fraud Investigation: Ten Do’s and Don’ts

This article is for the business executive or entrepreneur who receives a subpoena from the Securities and Exchange Commission (“SEC”) for testimony and/or documents. Often the subpoena is directed to the individual’s company or companies. Understanding the playing field on which the SEC conducts securities fraud investigations is critical to mapping out an effective defense strategy. The smallest tactical error

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White-Collar Crime: The Crash Course

A Primer for Individuals Exposed to Federal Fraud Charges By Solomon L. Wisenberg Solomon L. Wisenberg is a partner and co-chair of the white collar criminal defense practice group of Nelson Mullins Riley & Scarborough, LLP. Introduction: Witness-Subject-Target At the heart of most white-collar crime investigations is an Assistant United States Attorney with a bevy of federal agents working under him. The prosecution

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White-Collar Crime: Client and Attorney Expectations

Part 2. What Do The Client And The Attorney Have A Right To Expect From Each Other? A. What Your Federal White-Collar Attorney Must Know To competently handle a federal white-collar crime case, your attorney must, at a minimum, be thoroughly grounded in the law of federal criminal procedure as well as the substantive criminal law or laws that you

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White-Collar Crime: Avoiding Indictment

Part 3. AVOIDING INDICTMENT A. Getting Indicted Is Bad For most white-collar crime clients, avoiding indictment is the name of the game. Getting indicted is financially and psychologically devastating and typically means a ruined reputation, debarment from doing business with the government, revocation of a professional license and/or the end of the corporate career. The costs of trial preparation and

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White-Collar Crime: Avoiding Indictment (continued)

Part 3. AVOIDING INDICTMENT (contd.) F. Talking To the Prosecutor As a general rule, it is almost always advisable in a white-collar crime case to have your attorney talk to the prosecutor unless you have criminal exposure and the prosecutor knows nothing about you or your role in the matter under scrutiny. (Note again that I am not equating exposure

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White-Collar Crime: Between Indictment and Trial

Part 4. BETWEEN INDICTMENT AND TRIAL A. Whether And When To Plead Guilty There can be certain advantages to pleading guilty before, rather than after, indictment. In many federal districts you will never get as good of a plea offer from the government as the offer you get pre-indictment. Also, by pleading guilty at the earliest possible time, that is,

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White-Collar Crime: Going to Federal Trial

Part 5. GOING TO TRIAL A. Counsel’s Credibility Is A Key Factor Your attorney’s credibility, particularly in a white-collar crime case, cannot be emphasized enough. The jury must see your lawyer as a straight shooter. The minute the jury perceives that a white-collar lawyer is engaged in any kind of trickery, the consequences for you will be devastating. B. State

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