The Justice Insiders: Giving Outsiders an Insider Perspective on Government Gregg Sofer

Host Gregg N. Sofer welcomes Husch Blackwell partner Christina Moore to the show to unpack recent remarks made by Deputy Attorney General Lisa Monaco concerning a new Department of Justice whistleblower program. Monaco described a “90-day sprint” to stand up the new program, which purports to enhance DOJ’s corporate enforcement efforts by offering financial incentives to individuals who come forward with information about violations of federal law.

Gregg and Christina discuss the peculiarities of the program as it is understood presently, including questions regarding the anonymity of whistleblowers, the complications of multiple competing whistleblower programs, and the complexities of handling information in parallel proceedings.

Gregg and Christina also explore the practical matter of how the newly proposed program should be addressed by corporate compliance professionals and the importance of properly staffing and resourcing such programs so that employees utilize in-house channels to surface potential instances of wrongdoing.

Host Gregg N. Sofer welcomes Husch Blackwell’s Jonathan Porter back to the podcast to discuss the sentencing of Sam Bankman-Fried, the founder and former CEO of the bankrupt cryptocurrency exchange FTX who was convicted in late 2023 on multiple counts. On March 28, Bankman-Fried received a sentence of 25 years in prison. Our discussion explores the Bankman-Fried sentence in light of recent corporate criminal convictions, as well as the federal sentencing guidelines. Gregg and Jonathan also discuss the statutory framework and human elements at play in sentencing determinations.

Unlike most criminal defendants dealing with federal charges, Bankman-Fried did not reach a plea agreement but rather chose to go to trial. Although he lost at trial, Bankman-Fried did preserve his right to an appeal. Gregg and Jonathan explore how the appeal might unfold, given some of the peculiarities of the trial.

Host Gregg N. Sofer welcomes Husch Blackwell’s Erik Dullea to the podcast to explore how human error factors into cybersecurity efforts. Most data breaches trace back to some form of human error, and an approach to cybersecurity that doesn’t address the ‘social attack surface’ is likely to be a failing—and expensive—proposition.

Gregg and Erik note the recent cyber incident involving the Securities and Exchange Commission, which occurred mere months after the agency imposed wide-reaching cybersecurity disclosure rules on the public companies it regulates. Aside from being a major embarrassment for the U.S. government, the incident highlights how difficult it is to account for the vulnerabilities in digital networks created by humans, and Gregg and Erik provide some practical considerations for risk professionals, in-house counsel, human resource professionals, and others in their efforts to improve cybersecurity outcomes.

Host Gregg N. Sofer welcomes Husch Blackwell’s Christopher Budke and Rick Shimon to the podcast to discuss when, why, and how corporate legal departments should turn to external investigators to execute internal investigations.

Host Gregg N. Sofer welcomes Husch Blackwell partner Jonathan Porter to the podcast to discuss the conclusion of one of the most closely watched jury trials in recent memory: the guilty verdict on all counts against Sam Bankman-Fried, the founder and former CEO of the bankrupt cryptocurrency exchange FTX.

Gregg and Jonathan provide a short introduction to the charges against SBF before diving into some of the more interesting elements of the trial and trial strategy, including the use of the advice of counsel defense and the always fraught decision to put a defendant in a criminal trial on the stand to testify. In addition to the many cautionary aspects of the SBF prosecution, the trial also highlighted the role of due diligence and accounting controls in the context of investment fraud, as well as the influence that FOMO—the fear of missing out—exerts on dealmakers and investors alike.

Host Gregg N. Sofer welcomes back to the podcast Richard Epstein, Laurence A. Tisch Professor of Law at NYU School of Law, to discuss the U.S. Supreme Court’s consideration of Securities and Exchange Commission v. Jarkesy, a case that has the potential to vastly alter the way the SEC initiates and adjudicates enforcement proceedings, as well as its ability to choose its own in-house venue for those proceedings.

Gregg N. Sofer Biography

Gregg counsels businesses and individuals in connection with a range of criminal, civil and regulatory matters, including government investigations, internal investigations, litigation, export control, sanctions, and regulatory compliance. Prior to entering private practice, Gregg served as the United States Attorney for the Western District of Texas—one of the largest and busiest United States Attorney’s Offices in the country—where he supervised more than 300 employees handling a diverse caseload, including matters involving complex white-collar crime, government contract fraud, national security, cyber-crimes, public corruption, money laundering, export violations, trade secrets, tax, large-scale drug and human trafficking, immigration, child exploitation and violent crime.

Richard Epstein Biography

Richard A. Epstein is the Laurence A. Tisch Professor of Law, New York University Law School, a senior lecturer at the University of Chicago, and the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution.

Professor Epstein has published work on a broad range of constitutional, economic, historical, and philosophical subjects. He has taught administrative law, antitrust law, communications law, constitutional law, corporation criminal law, employment discrimination law, environmental law, food and drug law, health law, labor law, Roman law, real estate development and finance, and individual and corporate taxation.

Epstein’s most recent book publication is The Dubious Morality of Modern Administrative Law (2020). Other works include The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014); Design for Liberty: Private Property, Public Administration, and the Rule of Law (2011); The Case against the Employee Free Choice Act (2009); Supreme Neglect: How to Revive the Constitutional Protection for Private Property (2008); How the Progressives Rewrote the Constitution (2006); Overdose (2006); and Free Markets under Siege: Cartels, Politics, and Social Welfare (2005).

He received a BA degree in philosophy summa cum laude from Columbia in 1964; a BA degree in law with first-class honors from Oxford University in 1966; and an LLB degree cum laude, from the Yale Law School in 1968. Upon graduation he joined the faculty at the University of Southern California, where he taught until 1972. In 1972, he visited the University of Chicago and became a regular member of the faculty the following year.

He has been a senior fellow at the MacLean Center for Clinical Medical Ethics since 1984 and was elected a fellow of the American Academy of Arts and Sciences in 1985. In 2011, Epstein was a recipient of the Bradley Prize for outstanding achievement. In 2005, the College of William & Mary School of Law awarded him the Brigham-Kanner Property Rights Prize.

Additional Resources

Jarkesy v. Securities and Exchange Commission, No. 20-61007 (5th Cir. May 18, 2022).
SCOTUSblog, Securities and Exchange Commission v. Jarkesy