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Federal Criminal Investigations Archives

FAQ – Obtaining Exculpatory Evidence From The Prosecution in Criminal Cases

What is exculpatory evidence?

The United States Supreme Court has held that exculpatory evidence is any evidence that is favorable to the defendant on issues of guilt or punishment. Exculpatory evidence is also sometimes called “Bradyevidence” or “Bradymaterial,” a name that comes from the Court’s decision in Brady v. Maryland.

Does the defendant have a right to exculpatory evidence from the prosecution?

Under Brady v. Maryland, prosecutors have a duty to hand over exculpatory evidence to the defendant. This duty exists even without any request from the defendant. However, a specific request for exculpatory evidence can be beneficial for a … Read More »



Internal Investigations of Government Employees: Garrity and Kalkines Warnings

If you work for a federal or a state agency, you may have heard of the terms “Garrity warning” and “Kalkines warning” thrown around at the workplace. These warnings are issued when the agency is conducting an internal investigation, and there is a possibility of criminal charges being filed. If you are a federal or state government employee, it may be worth your time to fully understand what these warnings mean.

Many people have heard of “Miranda warnings,” and may know that it is a warning issued by police officers to arrested individuals to inform them of their rights. The … Read More »



Is the FBI’s Recommendation in the Clinton Email Probe Justified?

Recently, our firm published a guest post on the White Collar Crime Prof Blog discussing the FBI’s recommendation of no prosecution after investigating Hillary Clinton’s email use. The post may be accessed here: http://goo.gl/UyAEJy

 



Case Study: Guilty Plea in Alexandria Federal Court by Former TV Pundit

The Washington Post recently reported on a guilty plea in the Alexandria federal courthouse: read here.

The initial reporting on the case focused on the allegation that the defendant, Wayne Simmons, falsely claimed to have been a CIA paramilitary operative. Federal prosecutors previously alleged through the indictment that Mr. Simmons never worked for the CIA. In the guilty plea, however, Mr. Simmons continues to maintain that he did in fact work for the CIA.

The facts of this white collar case in the Eastern District of Virginia are interesting and the case serves as a good example of how federal … Read More »



Targets, Subjects and Witnesses in Federal Criminal Investigations

Federal prosecutors and agents conducting criminal investigations often talk in terms of “targets”, “subjects”, and “witnesses.” So what do these terms mean and why are they important?

In laymans’ terms, a target is a person who the government has decided to prosecute if they can whereas a witness is a person the government believes is innocent but may have relevant information. A subject is somewhere in between – the government has not decided whether they are guilty of a crime or not.

A simple example will illustrate the point. Let’s image a mortgage fraud investigation where the government learns a … Read More »