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Overrun and Overreach: the New Challenge to Grand Jury Subpoenas
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March 26, 2026
Overrun and Overreach: the New Challenge to Grand Jury Subpoenas
By: James Trusty
Most criminal law practitioners are quite familiar with clients receiving grand jury subpoenas. There are rituals we go through to figure out whether it’s a “friendly” subpoena, i.e. just trying to get business records from the client to be used against some other target, or whether it’s the visible start of a potential criminal prosecution against the client. Because the legal standard to justify issuing a subpoena is so low, an outright fight against the prosecutor issuing the subpoena is extremely uphill. A motion to quash is only granted “if compliance would be unreasonable or oppressive.”[1]Until a couple of weeks ago, that framework usually translated into successful challenges only when the subpoena’s request was so broad in terms of substance…
Through the Looking Glasses: Will the Public Accept Meta Ray-Bans?
March 17, 2026
Through the Looking Glasses: Will the Public Accept Meta Ray-Bans?
By: Nicole Kardell
What do a plastic grocery sack and a pair of Meta Ray-Bans have in common? The harm they can do to others who are powerless to their use. A grocer may pack a shopper’s groceries in a disposable plastic bag, and the shopper may be fine with the packing – the bag is cheap for both. But the environment ends up paying a hefty toll…
The New Corporate Enforcement Blueprint: DOJ’s “First-Ever” Department-Wide Corporate Enforcement Policy
March 16, 2026
The New Corporate Enforcement Blueprint: DOJ’s “First-Ever” Department-Wide Corporate Enforcement Policy
By: Robert Ward
Understanding the DOJ’s New Corporate Enforcement Framework On March 10, 2026, just weeks after the U.S. Attorney’s Office for the Southern District of New York (SDNY) released its updated voluntary corporate self-disclosure program for fraud and financial misconduct, the Department of Justice introduced its first Department‑wide Corporate Enforcement Policy (CEP). The CEP establishes a uniform approach for evaluating voluntary disclosures and cooperation across all DOJ…
New York AG Puts Crypto Exchanges in the Crosshairs
December 28, 2018
New York AG Puts Crypto Exchanges in the Crosshairs
By: George Calhoun
Following on the heels of the SEC’s announcement of subpoenas to crypto exchanges and token issuers, yesterday New York Attorney General Eric Schneiderman announced “the Virtual Markets Integrity Initiative,” which he described as “a fact-finding inquiry into the policies and practices of platforms used by consumers to trade virtual or ‘crypto’ currencies like bitcoin and ether.” The first phase of the initiative appears to be…
How One Simple Meeting Presages the Future of Federal Prosecution
September 28, 2018
How One Simple Meeting Presages the Future of Federal Prosecution
By: James Trusty
For many years, it has been the federal government, with its multitude of prosecutorial and regulatory arms, that has been able to throw its policing weight around, causing business owners to snap to attention with a crisp salute. But as the traditional business model has morphed into clouds of technology-driven, international and multinational enterprises, this “cop” may have met his match. Amidst all of the…
National Media Turns to Jim Trusty for Authoritative Opinions on the Country’s Most Important Investigations and Prosecutions
September 24, 2018
National Media Turns to Jim Trusty for Authoritative Opinions on the Country’s Most Important Investigations and Prosecutions
By: Ifrah Law
Ifrah Law partner Jim Trusty has become a staple in the national news lately: he is frequently asked to comment on the many investigations and prosecutions currently going on which involve former and current officials and operatives at the highest levels of government. With over 28 years of experience as a federal prosecutor with the Department of Justice and deep knowledge of white collar criminal…
ICOs Involving Non-Issued Cryptocurrency May Be Prosecuted Under Federal Securities Laws
September 19, 2018
ICOs Involving Non-Issued Cryptocurrency May Be Prosecuted Under Federal Securities Laws
By: Jeffrey Hamlin
This week, a federal district court in New York was the first to decide that federal securities laws may be used to prosecute fraud involving cryptocurrencies. In United States v. Zaslavskiy, Eastern District Judge Raymond Dearie held that the Securities Exchange Act of 1933 (“Exchange Act”) and Securities Act of 1933 (“Securities Act”) are broad enough to cover representations made in connection with virtual currency…
How to Raise Capital Through Registration Exempt ICOs
May 15, 2018
How to Raise Capital Through Registration Exempt ICOs
By: Jeff Ifrah
The SEC has strongly indicated that initial coin offerings (ICOs) will be treated as securities, and thus must comply with various registration and disclosure requirements before being used to raise capital. Companies do have, however, several options for possible exemptions from the regulatory requirements that apply to registered public offerings. This chart outlines potential exemptions to the regulatory requirements for ICOs and the criteria for…
