Evan T Barr

January 27, 2017 | New York Law Journal

Evan T. Barr writes: Federal courts in the past have generally required convicted co-conspirators must be held jointly and severally liable for all proceeds that were at least "reasonably foreseeable." An influential appellate court recently held, however, that a co-conspirator's forfeiture liability instead should be limited to the amount that he personally obtained from the criminal conduct, setting up a circuit split to be resolved by the high court.

By Evan T. Barr

20 minute read

November 15, 2013 | New York Law Journal

Steptoe & Johnson partner Evan T. Barr discusses legal and ethical issues involved in representing a fugitive facing charges in the federal system, including the boundaries of permissible advocacy, the definition of "fugitive" and how it impacts plea negotiations, parallel civil forfeiture actions, and more.

By Evan T. Barr

13 minute read

June 13, 2005 | National Law Journal

Even if Arthur Andersen cannot be saved by the courts, there is a simple legislative fix that might help similarly situated companies in the future, and more importantly, serve to deter overzealous federal prosecutors from making novel or reckless charging decisions that could bring down an entire firm.

By Evan T. BarrSpecial to The National Law Journal

5 minute read

April 16, 2012 | New York Law Journal

Evan T. Barr, a partner at Steptoe & Johnson, and Michelle L. Levin, an associate with the firm, explore the legal framework relating to bail pending appeal and the strategies defense counsel should consider in seeking such relief in white collar criminal cases.

By Evan T.Barr and Michelle L. Levin

9 minute read

July 09, 2013 | New York Law Journal

Evan T. Barr, a partner at Steptoe & Johnson, writes: By now just about every white-collar defense lawyer has learned firsthand of the potentially devastating impact of the federal asset forfeiture laws. While these sweeping statutes vest enormous power in the prosecutor's hands, recent legal developments in the Second Circuit have set some important limitations on the permissible scope of forfeiture.

By Evan T. Barr

11 minute read

December 12, 2005 | New York Law Journal

Evan T. Barr, a partner at Steptoe & Johnson, writes that, under federal sentencing guidelines, an insider trading defendant's sentence is primarily calculated based on the "gain resulting from the offense." But exactly when does the offense of insider trading begin and end for sentencing purposes?

By Evan T. Barr

12 minute read

March 23, 2005 | New York Law Journal

Evan T. Barr, a partner at Steptoe & Johnson, from 1995 through 2004, and former assistant U.S. attorney in the Southern District of New York, writes that the U.S. Court of Appeals for the Second Circuit held that private conversations between the former governor of Connecticut, John Rowland, and his chief legal officer were protected under the attorney-client privilege from disclosure to a federal grand jury.

By Evan T. Barr

12 minute read

September 22, 2010 | New York Law Journal

Evan T. Barr of Steptoe & Johnson discusses reasons attorneys seek to cease representing clients in a federal criminal cases, and the applicable law and ethical rules which govern the outcome of such requests.

By Evan T. Barr

11 minute read

January 05, 2010 | New York Law Journal

Evan T. Barr, a partner at Steptoe & Johnson, and Kristin M. Darr, an associate with the firm, write: A jury trial is always the "default" position, since it is generally much harder for the prosecution to establish guilt beyond a reasonable doubt to 12 individuals than to a single finder of fact. But there are cases where defense counsel concludes that a jury is simply not able to apply the presumption of innocence, traditionally, in cases such as excessive force by a police officer or an individual charged with sex offenses. Given the current widespread public hostility toward corporate defendants, clients and their counsel in major financial fraud cases are also well advised to at least consider the possibility of opting for a bench trial.

By Evan T. Barr and Kristin M. Darr

11 minute read

November 21, 2007 | New York Law Journal

Evan T. Barr, a partner at Steptoe & Johnson, writes that as a matter of discretion, the government should limit obstruction prosecutions similar to United States v. Russell to defendants whose actual knowledge of an investigation can be established. Otherwise, we may face the possibility of more individuals (and especially lawyers) being charged with impeding merely hypothetical proceedings, surely an odd application of the federal obstruction statutes.

By Evan T. Barr

10 minute read