21 episodes

The Justice Insiders is a glimpse behind the curtain of federal civil and criminal investigations and enforcement actions, demystifying the government’s conduct and providing a unique and entertaining analysis of noteworthy cases. Husch Blackwell’s Gregg Sofer and his colleagues in the firm's White Collar, Internal Investigations & Compliance practice use their 200-plus years of combined experience to explore cases ripped from the headlines and discuss issues related to white collar crime, national security threats, contract fraud, False Claims Act, export enforcement, compliance and other developing areas. Periodically, the podcast will also feature guests from around the country who bring to bear their particular expertise on today’s most interesting cases and issues.

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

    • Business
    • 5.0 • 20 Ratings

The Justice Insiders is a glimpse behind the curtain of federal civil and criminal investigations and enforcement actions, demystifying the government’s conduct and providing a unique and entertaining analysis of noteworthy cases. Husch Blackwell’s Gregg Sofer and his colleagues in the firm's White Collar, Internal Investigations & Compliance practice use their 200-plus years of combined experience to explore cases ripped from the headlines and discuss issues related to white collar crime, national security threats, contract fraud, False Claims Act, export enforcement, compliance and other developing areas. Periodically, the podcast will also feature guests from around the country who bring to bear their particular expertise on today’s most interesting cases and issues.

    Human Beings: Cybersecurity’s Most Fragile Attack Surface

    Human Beings: Cybersecurity’s Most Fragile Attack Surface

    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.

    • 26 min
    Using External Resources for Internal Investigations

    Using External Resources for Internal Investigations

    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.

    • 38 min
    The Sam Bankman-Fried Trial: Defendants Testifying (Poorly), FOMO, and How to Actually Blame Lawyers

    The Sam Bankman-Fried Trial: Defendants Testifying (Poorly), FOMO, and How to Actually Blame Lawyers

    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.

    • 35 min
    SEC Plays Chicken with Jarkesy

    SEC Plays Chicken with Jarkesy

    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

    • 23 min
    Incidents in the Material World: SEC Adopts New Cybersecurity Rules

    Incidents in the Material World: SEC Adopts New Cybersecurity Rules

    Host Gregg N. Sofer welcomes Husch Blackwell partner Erik Dullea to the podcast where we discuss risk management, strategy, governance, and incident disclosure in the context of the Security and Exchange Commission’s recently adopted cybersecurity rules. Adopted on a 3-to-2 party-line vote, the new rules introduce significant new compliance burdens for U.S. businesses, including the disclosure (on Form 8-K Item 1.05) of material cybersecurity incidents—describing their nature, scope, timing, and impact on the financial condition and results of operations—to be filed within four business days of a materiality determination. There is also a new requirement to describe processes for assessing and managing material cybersecurity risks, board oversight, and management expertise in handling such risks.

    We will explore the practical matter of how businesses can approach these regulations as well as larger issues pertaining to national security and critical infrastructure.

    Gregg N. Sofer Biography
    Full 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.

    Erik Dullea Biography
    Full Biography
    Erik is a Denver-based partner at Husch Blackwell who heads up the firm’s cybersecurity practice. Erik left Husch Blackwell in 2022 to take a position at the National Security Agency in its Office of General Counsel, serving as the acting deputy associate general counsel for the NSA’s cybersecurity practice group. He returned to the firm during the summer of 2023. A former officer in the U.S. Navy, Erik focuses on compliance requirements related to cybersecurity and data privacy, including statutory, regulatory, and consensus-based standards, with an emphasis on critical infrastructure sectors such as mining, energy, and aviation and the Defense Industrial Base (DIB). He represents defense contractors and subcontractors; companies underpinning electrical, wastewater, transportation, and smart city systems; and other major organizations facing extortion threats from malicious foreign cyber actors.

    Additional Resources
    Steven R. Barrett, Robert J. Joseph, Andrew Spector, Robert Fritsche and Brian Wetzstein. “SEC Heightens Issuers’ Cybersecurity Disclosure Requirements,” August 15, 2023
    Erik Dullea and Andrew Spector. “Twelve Planning Tips to Avoid Complications with the SEC’s Cybersecurity Disclosure Rules,” August 2023 Part 1 | Part 2 | Part 3
    Securities and Exchange Commission. “SEC Adopts Rules on Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure by Public Companies,” July 26, 2023
    Hester M. Peirce. “Harming Investors and Helping Hackers: Statement on Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure,” July 26, 2023

    • 38 min
    Varsity Blues Reversals Turn DOJ Red

    Varsity Blues Reversals Turn DOJ Red

    Host Gregg N. Sofer welcomes Husch Blackwell partner Cormac Connor to the program to discuss the First Circuit’s reversals of the criminal convictions previously handed down in connection with two parents’ involvement in the so-called Varsity Blues scandal. Operation Varsity Blues was a joint investigation led by the FBI and the U.S. Attorney’s Office for the District of Massachusetts into a web of bribery and fraud directed toward college admissions. The investigation was huge, spanning multiple states and involving dozens of individuals, including college coaches, testing administrators, and of course, parents, some of whom were high-profile celebrities and business executives.

    Of all the parents charged, only two chose to fight the government at trial and through to appeal, and their position was vindicated by the First Circuit. We will explore the strategy pursued by the government and how it unraveled before the appellate court, as well as some the finer points of conspiracy law featured in the case.

    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, trade secrets 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, 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.

    Cormac Connor Biography

    A partner with Husch Blackwell based in Washington, D.C., Cormac has two decades of experience with high-stakes litigation and investigations, both as a prosecutor and as defense counsel. He has advised dozens of clients facing criminal and civil investigations involving all manner of federal criminal investigations, False Claims Act allegations, antitrust allegations, and Foreign Corrupt Practices Act claims. Cormac regularly assists clients with responses to formal and informal investigative inquiries, including Grand Jury subpoenas, Office of Inspector General subpoenas, civil investigative demands, and 28 U.S.C. § 1782 subpoenas. Between his stints in private practice, Cormac was an Assistant U.S. Attorney for nearly four years in the U.S. Attorney’s Office for the District of Columbia, serving as lead prosecutor in 24 criminal trials, investigating hundreds of criminal cases, managing Grand Jury investigations, and coordinating investigative activities by law enforcement personnel.

    Additional Resources

    Connor, Cormac. “‘Varsity Blues’ Reversal Demonstrates Limitations of Conspiracy Allegations.” May 19, 2023.

    U.S. v. Wilson, case number 22-1138, and U.S. v. Abdelaziz, case number 22-1129, in the U.S. Court of Appeals for the First Circuit.

    Kotteakos v. United States, 328 U.S. 750 (1946).

    • 33 min

Customer Reviews

5.0 out of 5
20 Ratings

20 Ratings

cthomas1097 ,

Riveting!

I’m not in the legal profession, but I love to follow what’s going on in the legal system. I was always a big fan of many of the guests that Gregg Sofer has on the show. Looking forward to seeing who they have on in the upcoming episodes. Very entertaining and informative!

RRivera264 ,

The DOJ wants you.

Great podcast. Informative and to the point.

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