September/October 2020

September/October 2020 Cover

What are the shortcomings and pitfalls of proffer agreements?


Articles in this Issue

  1. A Survey of Federal Proffer Agreements:

    The Shortcomings and Pitfalls in the Government’s Promised Protections

    Proffer agreements may appear to extend some assurance to the defense that statements made during a proffer will not be used against the potential defendant in the future. A closer examination, however, may reveal that the shelter they provide is far less than it might seem. It is important to approach such interviews with caution.

    Ingrid S. Martin and Michael R. DiStefano

  2. Affiliate News

    What events are NACDL affiliates hosting this month? Find out here.

    Gerald Lippert

  3. Book Review: Disloyal: A Memoir by Michael Cohen

    This month John Wesley Hall reviews Disloyal: The True Story of the Former Personal Attorney to President Donald J. Trump by Michael Cohen.

    John Wesley Hall

  4. Book Review: The Cadaver King and the Country Dentist by Radley Balko and Tucker Carrington

    This month Matthew T. Mangino reviews The Cadaver King and the Country Dentist: A True Story of Injustice in the American South by Radley Balko and Tucker Carrington.

    Matthew T. Mangino

  5. Cross Country: Wheeling the Factual Assertion

    When “wheeling” the factual assertion as a destructive cross-examination technique, the defense attorney’s goal is to undermine belief in the “hub” fact. The hub fact is testimony that lacks credibility. Defense counsel then causes the witness to discuss “spoke” facts that are logically inconsistent with the hub fact.

    Larry Pozner

  6. From the President: A Moment for Change

    George Floyd’s death has brought about a time when change in the criminal justice system is possible. Fortunately, this movement includes a growing number of prosecutors.

    Chris Adams

  7. Getting Scholarship Into Court Project

    The “Getting Scholarship Into Court Project” brings helpful law review articles and other writings to the attention of criminal defense attorneys. The project’s purpose is to identify scholarship that will be especially useful to courts and practitioners. Summarized on this page are articles the project’s advisory board recommends that practicing lawyers take the time to read.

    Getting Scholarship Into Court Project

  8. NACDL News: Full Disclosure Project Launched to Expose Law Enforcement Misconduct

    NACDL News for September/October 2020

    Ivan J. Dominguez, Kate Holden, and Madeline K. Sklar

  9. NACDL News: Special Guests and Awardees at NFCJ Gala Justice for All. Justice Now.

    NACDL News for September/October 2020

    Ivan J. Dominguez, Kate Holden, and Madeline K. Sklar

  10. Practice Points: Joint Defense Agreements:

    An Ounce of Prevention Can Be Worth a Pound of Cure, Especially When Careful Planning Avoids Ethical Pitfalls

    Defense attorneys Andrew Boutros and John Schleppenbach provide proactive guidance for white collar practitioners on avoiding ethical traps – such as a potential conflict of interest – when entering into joint defense agreements.

    Andrew Boutros and John Schleppenbach

  11. The Public Corruption Trial: A Checklist

    Few areas in the white collar world are in as much upheaval as law and practice under the federal honest services statute, but public corruption investigations continue at a quick pace. The authors provide practical suggestions about how to shape and present a defense – from a theory of the case and in limine motions to jury instructions and post-trial advocacy.

    Jack Sharman, Brandon Essig, and Jeff Doss

  12. The Right to Control Theory — What It Is, How It Is Used, and How to Defend Against It

    Jennifer Bouriat provides an overview of the mail and wire fraud statutes and the right to control theory, a brief history of the pertinent case law that has shaped the theory, and an overview of the circuit split on the validity of the theory. She offers key points to consider in defending a mail and wire fraud case.

    Jennifer Bouriat

  13. White Collar Crime Policy: Supreme Court Vacates Sineneng-Smith Decision

    Ruling Immigration Law Unconstitutionally Overbroad, But Door Remains Open for Future Challenges

    The Supreme Court in Sineneng-Smith did not directly rule against the argument that 8 U.S.C. § 1324(a)(1)(A)(iv) is unconstitutionally overbroad. But it is possible that this statute may be challenged in the future.

    Nathan Pysno