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"M&M Defend Delivers Guidelines to Respond to Surprise Law Enforcement Interviews and Search Warrants at the Home or Office"

Interactions with law enforcement can be crucial situations for businesses and executives. There’s little time to consider appropriate responses and next steps, while the ramifications of bad choices can be life changing.

The Murphy & McGonigle Surprise Law Enforcement Response App provides guidelines to arm individuals and companies with a resource for these critical encounters. From responding to an execution of a Search Warrant at a home or office to a surprise 6:30 a.m. interview by government agents, this app will quickly provide bullet point guidelines for vital next steps. Do you and your team know the steps to take when law enforcement seeks to execute a search warrant at your business or home? Be ready before they knock on your door.

Download the M&M Defend App, share it with your co-workers, and always be prepared. To download, please type in “M&M Defend” in the iPhone app store.

The M&M Defend App was created by the M&M Innovation Lab and spearheaded by Murphy & McGonigle Shareholder Steven D. Feldman. Steve is a white collar defense attorney and former Assistant U.S. Attorney for the U.S. Attorney’s Office for the Southern District of New York in Manhattan. During his last four years as a federal criminal prosecutor, he served on the Securities and Commodities Fraud Task Force.
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Prisonist.org: A Reflection on Our State of Criminal Justice on Martin Luther King Jr. Day, by Jeff Grant, JD, M Div, Executive Director, Family ReEntry

...we are in a paradigm shift of epic proportions in which there is no public money to fund solutions to our current problems - and no adequate explanation as to how we got into this situation. And yet, we keep going back to the state looking for handouts - for funding the way it has always been. And we are surprised and hurt when the answer is no.

I urge everyone, and especially my fellow criminal justice colleagues, to wake up.

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Prisonist.org: Pure Rubbish: Critiquing Eugene Soltes's Book: Why They Do It: Inside the Mind of the White Collar Criminal, by Jeff Grant, JD, M Div

As the Director of the first ministry in the U.S. created to support individuals and families with white-collar and nonviolent incarceration issues, and as someone who served time in a Federal prison for a white-collar crime I committed when I was a lawyer, I can state unequivocally that Professor Soltes's methodology and his conclusions are "pure rubbish." Why They Do It, and the press releases and media attention surrounding it, are shamelessly exploitive and are designed solely to sell books; they inflame bigotry and hatred and paint people with a broad brush designed to promote stigma, shunning and Schadenfreude (unfortunately, themes for our time it seems).

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Nice coverage about our new M&M Defend app to assist individuals in crucial law enforcement encounters.

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Press Release: Jeff Grant Appointed Interim Executive Director at Family ReEntry, Bridgeport, CT

Grant served on Family ReEntry’s board of directors since 2009 — his new appointment marks the first time in the United States that a person formerly incarcerated for a white-collar crime has served as the head of a major re-entry agency. “It’s a tremendous step, and a bold decision on the Board’s part,” Grant said. “This is a transformative period for Family ReEntry. I owe them my fresh start, so of course I said yes when they offered me the position.”

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Jury Finds Miami Defrauded Bond Investors, First Federal Jury Trial Against a Municipality by SEC - WSJ

Operation Sand Castle may resurface and hit key politicians
News from Brazil - Valor International - 11 hours and 28 minutes ago
By André Guilherme Vieira | Curitiba, Paraná

New evidence discovered by Operation Car Wash can "resurrect" an investigation into corruption and money laundering that had been buried by two superior courts in Brazil, hitting the Brazilian Democratic Movement Party (PMDB), other parties as well as interim President Michel Temer: Operation Sand Castle. Mr. Temer, however, can only be investigated on potential offenses committed during the presidential term, according to the Constitution.

Started in March 2009 by the Federal Police (PF) in São Paulo, Sand Castle found in the house of a Camargo Corrêa director a spreadsheet with names of parties, politicians and numbers, interpreted by investigators as a list of payments via slush funds made by the engineering group.

Authorized wiretaps by the Justice revealed mentions of at least six political parties in addition to the PMDB: Brazilian Social Democracy Party (PSDB), Democrats (DEM), Brazilian Socialist Party (PSB), (Popular Socialist Party (PPS), Progressive Party (PP) and Democratic Labor Party (PDT).

The existence of a kickback system intended to finance politicians was unveiled after 2014, under the scope of the Petrobras corruption scheme, with the operation of a cartel of construction companies, according to the PF. During the Doomsday phase, in November of that year, Car Wash investigators found at Camargo Corrêa a printed table with names of politicians such as Michel Temer, José Aníbal and Mário Covas (who died in 2001), organized by "municipality, type of work, estimated amount, project, bid notice and congressman.” Mr. Temer denied at the time receiving payments from slush funds. Camargo signed a leniency deal and its former president, in addition to another executive, agreed to become informants.

In December 2009, the then judge of the 6th Criminal Court of the Federal Justice of São Paulo, Fausto Martin De Sanctis, received the complaint of Operation Sand Castle through the Federal Public Ministry (MPF), and then started criminal proceedings against three executives of Camargo Corrêa.

Ana Paula Paiva/ValorMárcio Thomaz Bastos
But about a month later, in January 2010, the Sand Castle began to crumble when the president of the Superior Court of Justice (STJ), César Asfor Rocha, shelved the case after an appeal filed by Camargo Corrêa’s defense, then headed by former Justice minister Márcio Thomaz Bastos, now deceased, and trialed during the judiciary recess.

The case collapsed after a decision by three votes to one of the 6th Panel of the STJ, which voided the police operation because it was started based on an anonymous tip.

In April 2015, the 1st Panel of the Federal Supreme Court (STF), confirmed the STJ’s ruling by rejecting two appeals of federal prosecutors and buried Operation Sand Castle, which can now be reborn as another consequence of the Car Wash probe.

Article 157 of the Penal Code determines that illegal evidence is inadmissible in court, as well as any evidence it uncovers. But the law contains one clause opening two exceptions: “except when there is not a causality nexus between the evidence, or when further evidence can be obtained from an independent source from the first.”

It turns out that after almost two years and a half of investigations conducted by Operation Car Wash, the MPF has collected such amount of information that allowed the task force to uncover new facts of the alleged scheme that began to be investigated by the Sand Castle but was interrupted.

Whistleblowers and potential whistleblowers, including Marcelo Odebrecht, have already mentioned, still in informal conversations, the alleged illegal payment scheme initially investigated by Operation Sand Castle in São Paulo. The scheme would not be restricted to Camargo Corrêa, and also be supported by a "club" with other construction companies investigated in the Petrobras scandal.

As it has no direct connection with the criminal cases arising from the billions diverted from Petrobras, the new investigation, if open, should be referred to the prosecutors’ office in São Paulo (city where Camargo Corrêa is based), following the principle of territoriality of facts investigated — adopted by the Supreme Court in the Car Wash probe itself, when ordering last October that investigations into Eletronuclear were conducted in Rio de Janeiro, where the state company has its headquarters.

Sought by Valor, former STJ president César Asfor Rocha, today working as an out-of-court arbitrator, said he ruled on the injunction “based on the legislation in effect at the time.”

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Blurred Lines in Pursuing Insider Trading Cases nyti.ms/2bi6sQJ. Hard to figure out why some insider trading cases go criminal. - Peter J. Henning for White Collar Watch, NY Times.

We urge the entire white-collar community to read this important article! Thank you Peter for telling it like it is!

From: Valor International (Brazilian News)
Date: 11 hours and 13 minutes ago

Presidential palace worried about leaked testimonies

By Andrea Jubé, Bruno Peres and Carolina Oms | Brasília

The Palácio do Planalto is concerned about the leaks of portions of the testimony of Marcelo Odebrecht, former chief of Construtora Odebrecht, in his plea bargain agreement for Operation Car Wash, implicating interim President Michel Temer and two of his cabinet ministers: Eliseu Padilha, the chief of Staff, and José Serra, of Foreign Affairs.

However, the evaluation is that the charges lack “materiality” and that they are premature, since the testimony has not even been certified by the Federal Supreme Court. The view is that these charges have no impact on the final stretch of the impeachment proceedings, because most senators continue leaning to confirm Mr. Temer as president. On Monday, the opposition petitioned the Office of the Prosecutor General to call for the removal of Mr. Temer based on the new charges and tried to suspend the impeachment proceedings in the Senate.

The silence of the Planalto Palace, the presidential office, and of Mr. Temer himself contrasted with the reaction to the testimony of Sérgio Machado, former chief of Petrobras logistics unit Transpetro, whose content emerged in mid-June, one month after Mr. Temer had taken the presidency while President Dilma Rousseff stepped aside until her trial. Mr. Machado told the prosecutors of Operation Car Wash that he would have received a bribe request from Mr. Temer, in the amount of R$1.5 million, to finance the campaign of Gabriel Chalita, then in the Brazilian Democratic Movement Party (PMDB) of Mr. Temer, to mayor of São Paulo in 2012.

Outraged, Mr. Temer released an official note rebutting the content of the testimony. On the following day, he made a comment to the press calling Mr. Machado’s testimony “irresponsible, shallow, untruthful and criminal.” In his speech at the time, Mr. Temer pointed out that while “some overlook” accusations such as those made by Mr. Machado, he wouldn’t do that.

Mr. Machado’s testimony was certified, that is, officially received by the STF. In the case of Mr. Odebrecht, aides to Mr. Temer claim there were “leaks of portions” of the former executive’s commitment of testimony. According to Veja magazine, Mr. Odebrecht said he gave R$10 million as slush funds to the campaign of PMDB candidates in 2014. Mr. Temer’s aides confirmed the request for donation, but said it was legal and registered with the Electoral Justice.

To Mr. Temer’s aides, the charges against members of the upper ranks of government will not interfere in the winning count of votes made by the Planalto, especially because the vote of the impeachment, in the view of the interim government, refers to the possibility of return or not of suspended President Rousseff.

A direct aide to Mr. Temer came to mock the leader of the opposition in the Senate, Lindbergh Farias (Workers’ Party, PT, of Rio de Janeiro), who announced an offensive against the interim government based on the new charges, recalling that Mr. Farias is a subject of formal investigation of Operation Car Wash.

Monday, opposition legislators requested the Office of the Prosecutor General (PGR) to remove Mr. Temer. The argument is that he would use his rights as president to protect his interests, “thus seeking to misrepresent the position he holds with the spurious object … of preventing the advance of investigations against him.” The petition is signed by Senators Farias, Vanessa Grazziotin (Communist Party of Brazil, PCdoB, of Amazonas), Randolfe Rodrigues (Sustainability Network, Rede, of Amapá) and by Deputies Afonso Florence (PT of Bahia), Jandira Feghali (PCdoB of Rio de Janeiro), Maria do Rosário (PT of Rio Grande do Sul) and Henrique Fontana (PT of Rio Grande do Sul). They call for Mr. Temer to be removed based on the same article of the Code of Criminal Procedure that ousted Eduardo Cunha (PMDB of Rio de Janeiro) from his mandate as deputy.

On another front, Justice Celso de Mello, of the Supreme Court, denied a habeas corpus with the aim of stopping the impeachment proceedings in the Senate. “As is known, the writ of habeas corpus is meant solely to support the immediate freedom of physical movement of people, proving strange to its specific juridical-constitutional finality any intention that aims to deconstruct acts that don’t prove to be offensive, even if potentially, to the people’s right of going, coming and staying,” he justified.

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