Subject to Inquiry

Subject to Inquiry

THE LATEST ON GOVERNMENT INQUIRIES AND ENFORCEMENT ACTIONS

Government Investigations and White Collar Litigation Group

V. Kathleen Dougherty

Photo of V. Kathleen Dougherty Katie is partner in the firm’s Government Investigations and White Collar Litigation group. Prior to joining McGuireWoods, Katie spent nine years as a federal prosecutor with the Norfolk Division of United States Attorney’s Office for the Eastern District of Virginia, where she focused on prosecuting white-collar crimes, including healthcare and securities fraud, federal tax violations, and various forms of fraud against government programs.

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DOJ’s Public Struggles with Electronic Evidence Highlights the Need for Counsel to Formally Demand Discovery Early and Often

Enforcement and Prosecution Policy and Trends, Miscellaneous
DOJ’s dismissal last week of a Foreign Corrupt Practices Act case in Boston is the latest in a string of bad outcomes for the government due to discovery mishaps. While the government works to revise its discovery policies and seek resources to collect, review, and analyze the vast amount of electronic evidence attendant to nearly… Continue Reading

EARN IT Act Opens Online Service Providers to Liability for Online Child Sexual Abuse Hosted on Their Platforms

Enforcement and Prosecution Policy and Trends
On Thursday, February 10, 2022, the Senate Judiciary Committee approved the Eliminating Abusive and Rampant Neglect of Interactive Technologies Act (EARN IT Act), first introduced in 2020 by Sens. Lindsey Graham, R-SC, and Richard Blumenthal, D-Conn. The EARN IT Act aims to tackle the online proliferation of child sexual abuse material (CSAM) by paring back… Continue Reading

Courts Adopt Varying Approaches to Implementing Due Process Protections Act

Compliance, Enforcement and Prosecution Policy and Trends
In a December 2020 article, we highlighted in this blog the amendment of Federal Rule of Criminal Procedure 5(f) in the new Due Process Protections Act (“DPPA” or “the Act”). The Act requires federal courts to enter a Brady order at the outset of all criminal cases and may prompt courts to enter orders setting… Continue Reading

New Due Process Protection Act Amends Criminal Rule 5, May Strengthen Defendants’ Brady Rights

Compliance, Enforcement and Prosecution Policy and Trends
A new law will require all federal judges to enter an order at the beginning of every criminal case advising prosecutors of their duties under Brady v. Maryland, 373 U.S. 83 (1963) to disclose exculpatory evidence to the defense. Intentional violations of the orders could subject prosecutors to stern sanctions – up to and including… Continue Reading

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