Evan T Barr

September 10, 2024 | New York Law Journal

Allocution is designed to temper punishment with mercy in appropriate cases and to ensure that sentencing reflects individualized circumstances.

By Evan T. Barr

9 minute read

May 01, 2024 | New York Law Journal

A recent development in the corruption prosecution of Senator Robert Menendez should set off alarm bells in the white-collar defense bar. While prosecutors have often sought to use statements made by counsel against defendants, bringing criminal charges against a client based on information conveyed during an attorney proffer is unprecedented.

By Evan T. Barr

8 minute read

January 03, 2024 | New York Law Journal

The U.S. Supreme Court granted certiorari in 'McIntosh v. United States' to determine whether a district court may enter a preliminary order of forfeiture divesting a defendant of his or her property outside the time limits set forth in the Federal Rules of Criminal Procedure. The court's decision in 'McIntosh' may clarify whether the government can be strictly held to the kinds of deadlines that bedevil every other litigant.

By Evan T. Barr

8 minute read

September 06, 2023 | New York Law Journal

In his Corporate Crime column, Evan T. Barr highlights how circuit courts are split on whether the government can invoke the relation back doctrine regarding substitute assets and how the resolution of that issue, which varies depending on the jurisdiction, affects the rights of innocent third parties.

By Evan T. Barr

11 minute read

May 18, 2023 | New York Law Journal

In the wake of the recent indictment of Representative George Santos on 13 counts of wire fraud, money laundering, theft and false statement crimes in the Eastern District of New York, some journalists have speculated as to whether Santos might try to negotiate a plea bargain where he would offer to resign from his office in exchange for a reduction in the severity and/or number of charges he is facing. But under an obscure Eastern District decision, a court might well invalidate any such deal as a violation of the separation of powers doctrine.

By Evan T. Barr

8 minute read

May 03, 2023 | New York Law Journal

This article will explore the law in the Second Circuit on the use of attorney proffers under these circumstances and discuss how counsel can minimize the risk of becoming, in effect, a witness against your own client.

By Evan T. Barr

10 minute read

January 04, 2023 | New York Law Journal

A circuit split has emerged as to whether the logic of 'Honeycutt' should be extended to benefit defendants facing joint and several liability for forfeiture in connection with fraud or other economic crimes, where the amounts in question routinely exceed tens of millions of dollars.

By Evan T. Barr

10 minute read

September 22, 2022 | New York Law Journal

A procedural twist has the potential to prevent federal prosecutors from bringing obstruction of justice charges in connection with the mishandling of classified documents at Mar-a-Lago.

By Evan T. Barr

7 minute read

August 31, 2022 | New York Law Journal

This article explores the law on selective prosecution and why, despite the long odds against success, it may still make sense from a defense perspective to assert the claim.

By Evan T. Barr

12 minute read

May 04, 2022 | New York Law Journal

'Afriyie' has created a bright line rule that may ultimately protect some defendants from having to pay certain exorbitant sums as restitution. On the other hand, the decision also creates a maddening and impractical situation for corporate counsel.

By Evan T. Barr and Arthur Kutoroff

9 minute read