Evan T Barr

January 05, 2022 | New York Law Journal

The prospect of more favorable fact-finding from the bench has dramatically improved, as President Biden reshapes the federal judiciary with appointees who are far more likely to have previously worked as public defenders and academics than as prosecutors.

By Evan T. Barr

11 minute read

September 01, 2021 | New York Law Journal

Lawyers for FIFA and the other entities took advantage of an obscure bureaucratic mechanism, called a petition for remission, to secure this enormous recovery. Practitioners representing victims in financial fraud cases should take note of this outcome, and familiarize themselves with the remission process.

By Evan T. Barr

12 minute read

May 05, 2021 | New York Law Journal

The Federal Rules of Criminal Procedure have long provided a mechanism to enable a high-profile defendant to seek a change of venue. However, even in cases involving "localized hostility and media bias," judges have been loath to grant such motions. In their Corporate Crime column, Evan Barr and Bryan McIntyre explore the demise of the rule and whether it still serves any purpose.

By Evan T. Barr and Bryan A. McIntyre

12 minute read

January 06, 2021 | New York Law Journal

In entering into any tolling agreement, defense counsel should endeavor to limit its scope to a specifically defined investigation arising out of a particular set of facts with carefully enumerated potential charges.

By Evan T. Barr and Christopher H. Bell

10 minute read

September 02, 2020 | New York Law Journal

In his Corporate Crime column, Evan Barr re-acquaints defense practitioners with the basic parameters of the marital communications privilege.

By Evan T. Barr

10 minute read

May 06, 2020 | New York Law Journal

In recent months, the U.S. Attorney for the Southern District of New York has issued forceful public statements regarding the apparent failure of Britain's Prince Andrew to cooperate in an ongoing investigation of alleged sex-trafficking by the late Jeffrey Epstein and his associates. In this Corporate Crime article, Evan Barr examines whether these unusual actions were justified under the circumstances, and some of the challenges that lawyers for the Prince will surely confront as the investigation continues.

By Evan T. Barr

13 minute read

September 06, 2019 | New York Law Journal

Based on the publicly available evidence, a civil forfeiture action against Epstein's $77 million Manhattan townhouse to recover assets for eventual distribution to his alleged victims would almost certainly be time-barred under the statute of limitations applicable in such cases, raising the prospect that the government has waited far too long to pursue such a remedy.

By Evan T. Barr

12 minute read

June 24, 2019 | New York Law Journal

Should fingerprints and facial recognition be treated more like passcodes and passwords in the smartphone context? Two recent cases reflect a split of authority on that question.

By Evan T. Barr

11 minute read

October 23, 2018 | New York Law Journal

Over the past few years, the Department of Justice Antitrust Division has increasingly focused its enforcement actions on industry-wide cartels and global market conspiracies where literally hundreds of millions (if not billions) of dollars in commerce may be at issue. The vast scale of these cases leads directly to the possibility of lengthy prison sentences and hefty fines, even absent any other aggravating factors. Unfortunately, those federal appellate courts that have interpreted the scope of volume of commerce do not fully agree on the proper methodology to calculate this crucial metric.

By Evan T. Barr

9 minute read

August 23, 2018 | New York Law Journal

In recent years, the Department of Justice has sought longer sentences for individuals convicted of Sherman Act violations.

By Evan T. Barr

9 minute read