Following the discovery of an under-the-radar memo from U.S. Attorney General Merrick Garland giving prosecutors more discretion in marking charging decisions while strengthening offenders’ position in pretrial negotiations, Brooks Pierce partner Daniel Adams was quoted in Law360 explaining what the memo means for white-collar attorneys and prosecutors.
Adams said the memo sends a clear message that prosecutors need to be thoughtful about what is necessary to punish and deter, giving defense lawyers leverage in negotiations and deterring prosecutors from stacking charges, particularly in financial fraud cases which could involve conspiracy, wire fraud, money laundering and other charges.
“The first thing defense lawyers were talking about when this came down was, ‘How do I take these principles and use them to articulate why my case is one that the prosecutor needs to be thoughtful about? Which count is necessary?,’” he said.
Adams represents individual and corporate clients facing white-collar criminal prosecution in state and federal court, as well as regulatory investigations. Formerly a New York public defender and attorney at a prominent global law firm, he has experience defending clients against claims of securities fraud, bank fraud, accounting fraud, real estate fraud, government contract fraud, health care fraud, embezzlement, money laundering, criminal tax evasion, environmental crimes, bribery, political corruption, and other forms of financial mismanagement.
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