Subject to Inquiry

Subject to Inquiry


Government Investigations and White Collar Litigation Group

Milligan J. G. Goldsmith

Photo of Milligan J. G. Goldsmith Millie’s practice focuses on advising and defending corporate and individual clients on government investigations and enforcement matters. She has participated in several internal investigations, and has assisted in representing clients in state, federal, and multinational enforcement matters. These have included antitrust, environmental, and mortgage-related investigations. She also assists the Political Law group in advising clients on ethical and legal issues affecting congressional members, their employees, lobbyists and organizations interacting with government entities.

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Less is More? DOJ Signals Shift to More Targeted Evidence Collection

Enforcement and Prosecution Policy and Trends
For a corporation receiving a grand jury subpoena, the most difficult (and expensive) part of a U.S. Department of Justice (DOJ) inquiry is often sifting through corporate data to find relevant material. That is proving to be increasingly burdensome to prosecutors as well—not just because it costs DOJ time and resources to review extensive data… Continue Reading

You Can Pay Your Lawyer: Supreme Court Recognizes Limits on Pretrial Asset Restraints

Enforcement and Prosecution Policy and Trends
Before the U.S. Supreme Court’s ruling last week in Luis v. United States, the government could freeze a criminal defendant’s assets before trial even if they bore no connection to the alleged crimes. With the ruling, if the restraint prevents the defendant from paying for counsel, it violates the Sixth Amendment. Sila Luis faced federal… Continue Reading

DOJ Fraud Section to Require Cooperation Certifications Before Corporate Settlement

Enforcement and Prosecution Policy and Trends
Before settling with the U.S. Department of Justice’s Fraud Section, companies must now certify that they disclosed all information about individuals involved in the underlying misconduct. According to a recent Wall Street Journal article, the Fraud Section is developing a “certification process” whereby companies finalizing settlements with the department will have to certify to this… Continue Reading

The Department of Justice Hammers Away at Corporate Cooperation

Enforcement and Prosecution Policy and Trends
For at least the second time in recent weeks, the Justice Department’s criminal division chief delivered lengthy public remarks on what the department expects from companies choosing to cooperate with federal investigators. In a speech at the New York Bar Association’s Fourth Annual White Collar Crime Institute last week, Assistant Attorney General Leslie Caldwell returned… Continue Reading

SCOTUS Narrows SOX Obstruction Statute

Enforcement and Prosecution Policy and Trends
In its recent ruling in Yates v. United States, the U.S. Supreme Court reversed a conviction under Sarbanes-Oxley’s “anti-shredding” statute, holding that it covers documents, records and only “tangible objects” similar to them – and not, as in the case at hand, fish. The petitioner, a fisherman, faced a federal felony conviction for directing a… Continue Reading

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