Fox Rothschild: The Presumption of Innocence

Matt Adams & Matt Lee

A Fox Rothschild podcast brought to you by the White Collar Criminal Defense & Government Investigations Practice and its Co-Chairs, Matthew S. Adams and Matthew D. Lee

  1. 9h ago

    Presumption of Innocence - Episode 97

    Episode 97 Hosted by Matt Adams “There is a commonsense way in which you say, you know, if you are selling widgets to build bombers at the Air Force, you know, who cares about DEI, right? … I care about whether the parts work. I care about whether they're going to fail in combat. You know, this is what the contract is about.” Should a Civil War-era fraud statute be one of the Department of Justice’s main tools for enforcing civil rights today? Host Matt Adams brings together two guests to tackle how and why the Justice Department is using the False Claims Act to pursue the Civil Rights Fraud Initiative it launched in May 2025. You’ll hear debate — and moments of agreement — from David Noll, Professor at Rutgers Law School and co-author of Vigilante Nation, and Dan Morenoff, Executive Director of the American Civil Rights Project and adjunct fellow at the Manhattan Institute. The episode doesn't take sides. It's a rigorous look at and critique of the enforcement theory behind the Initiative, which has already produced multimillion-dollar headline settlements. If you advise federal contractors, universities or any organization that takes federal money, your clients face this risk now. This episode offers a clearer view of the exposure, the open legal questions and the settle-or-fight decision ahead. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

    Presumption of Innocence - Episode 97

  2. Oct 20

    Presumption of Innocence - Episode 96

    Episode 96 The Prosecutor and the Prosecuted: Two Sides of the Same Coin, Live on Stage Hosted by Matt Adams “When you're in the criminal justice system, it's a harsh world. It just is harsh. When I was in the DA's office, I saw it all the time with victims of violent crime … the effect it has on them and their families. I saw it in the United States Attorney's Office when I was prosecuting defendants and their families would be in the courtroom.” One man spent years deciding who gets charged with a federal crime. The other was charged, convicted and sentenced to 14 years in federal prison. This episode puts them on the same stage. Host Matt Adams sits between two guests who represent opposite sides of the same coin in this riveting episode, recorded at the 2026 Fox Rothschild White Collar Symposium. Matt pulls back the curtain on how charging decisions are made and shows what they look like from the receiving end. The Prosecutor: Chuck DeMonaco spent about 50 years in the criminal justice system. That included serving as a supervisory federal prosecutor and leading the Exxon Valdez case, followed by decades defending people caught up in the system he helped run. The Prosecuted: Stephen Keller, author of Pay to Play, built a multibillion-dollar company that helped create the life settlements industry. Then came a raid by more than 100 armed agents, a 168-month sentence and the seizure of everything he owned. Matt, Chuck and Stephen debate the role of cooperators and whether outsiders can hijack a prosecution. They also dissect the DOJ's 97% conviction rate really means, and its human toll on the people caught up in the system. Matt wraps up the conversation by asking both Chuck and Stephen what they would improve in the criminal justice system if they were king for a day. For anyone who practices in white collar defense or compliance, this episode offers a candid insider’s perspective on the system’s machinery. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

    Presumption of Innocence - Episode 96

  3. Oct 6

    Presumption of Innocence - Episode 95

    Episode 95 From Preschool to Prison Walls and Beyond: A Friendship That Sparked a Fight for Justice Hosted by Matt Adams “I found that the United States treats crime and treats punishment in ways that are so degrading and dehumanizing, and that frankly are so ineffective, that do the opposite of what they're intended, that actually increase crime, increase suffering, increase just overall societal disarray.”The friendship between Marc Howard and Marty Tankleff began in preschool on the North Shore of Long Island. On the first day of their senior year of high school, Marty woke up to find his parents brutally murdered. He was sentenced to 50 years for a crime he didn’t commit. Marc went on to Yale and built a successful academic career at Georgetown. But he never forgot his childhood friend and decided to go to law school to help free him. For Marc, Marty’s wrongful conviction and experience with the criminal justice system opened his eyes to entrenched injustices from which he couldn’t turn away. In this riveting episode, host Matt Adams sits down with Professor Howard, a leading voice for criminal justice and prison reform and author of “Unusually Cruel: Prisons, Punishments, and the Real American Exceptionalism.” They trace Professor Howard's journey from academic to advocate, including his founding of the Prisons and Justice Initiative at Georgetown and the “Making an Exoneree" course he cofounded with Marty, in which undergraduates reinvestigate wrongful conviction cases. The program has expanded to other universities and helped free 14 wrongfully convicted people. You’ll also hear about other groundbreaking prison education programs Professor Howard has developed, such as the Frederick Douglass Project for Justice, a nonprofit that brings members of the public inside prisons, where they sit down face-to-face with incarcerated individuals and connect with them as fellow human beings. As this powerful conversation makes clear, injecting humanity into every part of the criminal justice system can transform lives. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

    Presumption of Innocence - Episode 95

  4. Sep 22

    Presumption of Innocence - Episode 94

    Episode 94 Ending the White Collar Life Sentence: The Power of Hope and Community Hosted by Matt Adams "The objective is not simply to become pardonable. The objective is to become whole."Those powerful words come from Jeff Grant, a lawyer whose career unraveled through addiction and criminality, who served time in federal prison and who has spent the decades since rebuilding his life in service to others. In this riveting episode, host Matt Adams welcomes back Jeff, who is now an ordained minister, advocate and founder of Grant Law, a new kind of law firm helping individuals navigate the issues surrounding white collar prosecution that criminal defense attorneys typically can't address. Together, they tackle the hidden trauma of prosecution, the near-impossible odds of obtaining a presidential pardon and why community may be the only real antidote to isolation. Jeff shares how his White Collar Support Group — which has held over 530 weekly meetings via Zoom — has helped nearly 2,000 people find hope, connection and a way forward. You'll also hear about the Federal Expungement Initiative, a legislative push Jeff is co-leading to create an expungement path through Congress. And you'll get a preview of his forthcoming essay and the Third Annual White Collar Conference on Oct. 10. If you believe a life can become something larger than its worst chapter, this conversation is for you. You can listen to Matt's previous conversation with Jeff in episode 22, "Reclaiming Purpose: A Transformative Journey Through Addiction, Rehab and Prison," here. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

    Presumption of Innocence - Episode 94

  5. Sep 8

    Presumption of Innocence - Episode 93

    Episode 93 Due Process for Me, but Not for Thee: America's Selective Approach to Fairness Hosted by Matt Adams “People really do care about fairness and due process a lot. But … it hits people the most when it's happening to them … if you're the one who got a traffic ticket for no reason … you get really upset and you're like … "There’s gotta be some way to challenge this. I gotta have a day in court” … But … when it's someone else, [it’s easy] to say, "That person got arrested for that? Like, why do we even have a trial? Like, that person just needs to be put away."Americans have a complex relationship with due process. It's something they believe in strongly but apply selectively. That’s according to Professor Brandon Garrett, the David Eichel Distinguished Professor of Law and Director of the Wilson Center for Science and Justice at Duke University School of Law. A nationally recognized scholar of criminal justice outcomes, evidence and constitutional rights, Professor Garrett joins host Matt Adams to discuss his most recent book, Defending Due Process: Why Fairness Matters in a Polarized World. Professor Garrett has built a career using empirical research to expose how criminal proceedings can go awry — from wrongful convictions and flawed forensic science to the emerging risks of AI-driven government decision-making. His latest book is a data-focused examination of a pattern his research has uncovered over and over again: Americans care deeply about due process when their own rights are at stake yet are willing to bypass those protections for anyone they've decided doesn't deserve them. Drawing on his work with DNA exonerations, forensic reliability, bail reform and corporate accountability, Professor Garrett asserts that due process doesn't slow justice down. It makes justice accurate. This episode is essential listening for criminal defense attorneys, prosecutors, forensic science practitioners, compliance professionals and anyone who believes the process matters as much as the outcome. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

    Presumption of Innocence - Episode 93

  6. Aug 26

    Presumption of Innocence - Episode 92

    Episode 92 Presumption of Innocence - Episode 92 Hosted by Matt Adams and John C. Coffee Jr. “Government agencies say on balance this is right, but they don't tell you what they're balancing and who it affects. We're going to try to tell you what should've been balanced, what wasn't balanced, and what the outcome looks like.” For 50 years, he's studied the people who watch the markets. Now that the watchers have stopped showing their work, he's assembled the nation's top securities scholars to do it for them as the Shadow SEC. On this episode, host Matt Adams sits down with Columbia Law Professor John C. Coffee Jr. to discuss the work of the Shadow SEC, a self-funded, no-industry-money coalition monitoring the Securities and Exchange Commission in real time. The conversation sheds light on what's actually happening inside the SEC: the elimination of 50 years of quarterly reporting requirements, a disclosure threshold shift that drops 85% of public issuers from the highest reporting tier, a proposed wholesale repeal of a decade's worth of climate change rules and a looming push to let companies force shareholders into private arbitration instead of securities class actions. This deregulatory blitz isn't happening in a vacuum. Matt and Professor Coffee examine the larger crisis underneath it, which is the subject of his book, Corporate Crime and Punishment: The Crisis of Underenforcement. Professor Coffee discusses why enforcement resources have been redirected away from white-collar crime and why billion-dollar corporate penalties still don't deter. He also shares his provocative proposal to penalize corporations in their own stock so the hit lands on shareholders instead of wiping out workers and entire communities. This episode is essential listening for anyone who touches the securities markets: defense attorneys, prosecutors, compliance officers, in-house counsel and investors alike. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

  7. Aug 11

    Presumption of Innocence - Episode 91

    Episode 91 Broadview Six Scandal, Part 2: Covering the Collapse Hosted by Matt Adams “In my experience, it's unusual in Chicago to see the US Attorney step up to a judge. I've seen it happen a few times … but it doesn't happen very often. I think this was the first time I had seen Andrew Boutros step up before a judge. And he began to explain how none of his prosecutors meant to mislead the judge, right? That was one of our first hints.” When a federal prosecution unravels in open court, it takes an experienced courthouse reporter to recognize what's happening and explain why it matters. Host Matt Adams sits down with Jon Seidel, a veteran federal courts reporter for the Chicago Sun-Times who has covered Chicago's federal courthouse for more than a decade, including the trials of former Illinois House Speaker Michael Madigan and former Chicago Alderman Edward Burke. This episode picks up where Part 1 left off, moving from inside the courtroom to the press gallery. Jon recounts the extraordinary day he watched U.S. Attorney Andrew Boutros personally acknowledge vouching and other prosecutorial misconduct in the Broadview Six case before a federal judge, only to then continue defending the case even as he dismissed the charges with prejudice. He describes the Sun-Times' legal fight to unseal the proceedings, the moment the full scope of grand jury misconduct came to light, and what the fallout has meant for the broader credibility of the U.S. Attorney's office in Chicago. The conversation includes a candid discussion of journalism as an accountability mechanism, including why dedicated beat reporting matters, how reporters guard against becoming a vehicle for either side's narrative, and what comes next as Judge Perry weighs sanctions. Revisit Part 1 of our series, when Matt speaks with former prosecutors Nancy DePodesta and Chris Parente, defense attorneys who represented two of the Broadway Six. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

    Presumption of Innocence - Episode 91

  8. Aug 4

    Presumption of Innocence - Episode 90

    Episode 90 Broadview Six Scandal, Part I: Inside the Grand Jury Room Hosted by Matt Adams “This U.S. attorney, within four hours of dismissing this indictment and hearing from a federal judge how bad the conduct was by his prosecutors, sends an all-office email to all 100-plus young federal prosecutors calling the behavior of these line prosecutors courageous and strong ... You're sending the message to your team, 'Hey, go out there, bury stuff, commit wrongdoing. I've got your back. In fact, I'm going to praise you when it's done. I don't care what this federal judge tells me.'"What happens when the very safeguards built into our justice system are tested from within? Can the institution entrusted to uphold them be trusted to hold itself accountable? Host Matt Adams sits down with defense attorneys Nancy DePodesta and Chris Parente, both former federal prosecutors who represented two of the “Broadview Six” defendants indicted by a grand jury following a protest outside the Broadview Processing Center, a federal immigration processing facility located in a suburb of Chicago This episode pulls back the curtain on what actually happened inside that grand jury room — including a prosecutor accused of improper contact with jurors outside the proceedings and redacted transcripts that a federal judge had to fight to see in full. It builds toward a dramatic turn: the U.S. Attorney personally appearing in court to dismiss all remaining charges with prejudice. Nancy and Chris share how they first sensed something was wrong, the extraordinary lengths it took to get the full transcripts released, and what accountability could look like going forward, including a pending motion for an independent prosecutor. The conversation closes with hard-won lessons for defense lawyers, prosecutors, and judges navigating high-profile, emotionally charged cases. Look for Part Two of this podcast episode, featuring a Chicago Sun-Times reporter who covered the Broadview Six case, coming soon. The views expressed in this podcast are those of the participants and should not be considered the views of Fox Rothschild LLP or its attorneys. This podcast is for informational purposes only, is not legal advice, and does not create an attorney-client relationship.

    Presumption of Innocence - Episode 90
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A Fox Rothschild podcast brought to you by the White Collar Criminal Defense & Government Investigations Practice and its Co-Chairs, Matthew S. Adams and Matthew D. Lee

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