The Presumption of Innocence - Episode 85

Inside the Interrogation Room: A Psychologist's Mission to End False Juvenile Confessions

An innocent person would never confess to a crime they didn't commit, right?

That's what most people believe. But the science tells a very different story.

In this compelling episode of “The Presumption of Innocence,” host Matt Adams talks with Dr. Hayley Cleary, a Virginia Commonwealth University professor who is an expert on police interviews and the interrogation of youth.

Their conversation unpacks the psychology of how an interrogation room can turn into a false-confession risk zone — especially for juveniles and adolescents who are generally socialized from a young age to comply with requests from authority figures in virtually every facet of their lives.

This episode takes you inside the interrogation room, exploring how police tactics can distort a suspect's choices, particularly for vulnerable juveniles. Dr. Cleary also discusses the potential impact of reforms, such as recorded interrogations and science-based police questioning, and how new virtual-reality research is providing insight into the experience of being interrogated from the subject’s perspective.

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.

The Presumption of Innocence - Episode 84

Host Matt Adams sits down with former Enron Task Force lead prosecutor and Duke Law Professor Samuel Buell to trace the arc of corporate fraud enforcement — from the historic conviction of Enron's top executives to the challenges facing regulators and prosecutors today.

Buell offers a candid look at how the Enron prosecution came together, including the pivotal decision to flip CFO Andrew Fastow, the controversial case against Arthur Andersen, and why holding individuals accountable in America's boardrooms remains far more difficult than the public tends to assume.

Buell makes the case that criminal prosecution alone cannot prevent the next corporate crisis — and that strong regulatory infrastructure may matter more than any single perp walk.

With the Department of Justice closing over 23,000 cases, the SEC losing experienced staff, and career prosecutors stepping away, Buell reflects on what happens when enforcement capacity erodes.

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.

Section 230 at 30: Can the Law That Built the Internet Survive?

For 30 years, Section 230 of the Communications Decency Act gave online platforms broad immunity from liability for user-generated content.

But that shield is now full of holes and cracking in every direction.

In this episode, host Matt Adams and Eric Goldman, Associate Dean for Research at Santa Clara University School of Law and a leading internet law scholar, break down Section 230's core doctrine, its statutory carve-outs and the creative legal theories plaintiffs are using to get around it.

They examine why federal prosecutors can pursue criminal cases against platforms, while state attorneys general have been sidelined, even as they push for reform.

They also explore Section 230’s applicability to generative AI and whether the Supreme Court might ultimately weigh in on the statute.

You won’t want to miss this thought-provoking conversation, including a discussion on whether we've already passed the peak of free speech online and if Section 230 reform is just the canary in the coal mine.

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.

Is Qui Tam Unconstitutional?

The False Claims Act's Constitutional Reckoning The qui tam provision of the False Claims Act has turned whistleblowing into a $6.8 billion-a-year industry. And now, the Constitution might be coming to collect.

Host Matt Adams is joined by his Fox Rothschild colleagues Joe DeMaria and Morgan McCall Reece to dissect whether private relators wielding government power without government accountability violates Article 2 of the U.S. Constitution.

Since the Civil War, the False Claims Act has allowed private individuals to file lawsuits on behalf of the government, pocketing 15-30% of recovered funds. When the government declines to intervene, which happens in 75-85% of cases, these unelected, unappointed private relators step into the shoes of a civil prosecutor without meaningful executive oversight.

Joe traces the constitutional fault line back to Justice Scalia's dissent in Morrison and then-Attorney General William Barr's 1989 memorandum declaring the qui tam statute unconstitutional. Morgan breaks down the Appointments Clause and the Vesting and Take Care Clauses at the center of the fight, zeroing in on whether relators are functioning as "inferior officers" exercising significant authority without executive appointment or supervision.

Matt, Joe and Morgan predict where this is ultimately headed: the Supreme Court, with a potential role by the 11th Circuit.

With qui tam litigation serving as big business for the government, relators and law firms alike, don’t miss this thought-provoking discussion.

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.

Tipper X Unmasked: Wall Street's Most Unlikely Informant

What makes a promising young Wall Street analyst with an Ivy League business degree stuff $15,000 cash into his shirt, walk through airport security and hand-deliver a payoff to his insider trading source? Ask Tom Hardin. In this episode, host Matt Adams sits down with Tom, also known as Tipper X, whose cooperation helped the FBI build more than 20 of the 80+ cases in Operation Perfect Hedge, the largest insider trading investigation in a generation. They dig into Tom’s recently published memoir, Wired on Wall Street: The Rise and Fall of Tipper X, One of the FBI's Most Prolific Informants. Matt and Tom explore this atypical Wall Street tale: A decision to cheat, driven by a need to belong and enabled by a lack of compliance culture. A 6:30 a.m. meeting with two FBI agents on the plastic seats of a Manhattan fast-food restaurant. More than 40 covert wire recordings. A felony conviction. And a second chance career as Wall Street’s most unlikely ethics consultant. This episode is a master class in how good people sometimes lose their way — and find their way back.

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.

Method, Not Madness: How Forensic Psychiatrists Help Criminal Defense

Few areas of criminal law are as complex — or as consequential — as the intersection of mental illness and criminal responsibility. Host Matt Adams welcomes forensic psychiatrist Dr. Steven Simring for a deep dive into how psychiatric evaluations can influence charging decisions, trial proceedings and sentencing. Drawing on decades of forensic work, Dr. Simring explains the disciplined, methodical process forensic psychiatrists use to assess a defendant’s mental state at the time of an alleged offense and evaluate present-day competency. The episode also pulls back the curtain on the forensic evaluation process, including the evidence psychiatrists review and the careful analysis required to distinguish genuine illness from malingering.

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.

Tactical Playbook: Surviving the Tariff Enforcement Blitz

In 2025, the government recovered $6.8 billion from False Claims Act cases involving customs fraud — nearly three times more than the prior year's total. Explore this dramatic surge in tariff enforcement with host Matt Adams and International Trade Partner Brittney Powell. This informative episode covers the fundamentals of tariffs and explores the forces driving the enforcement wave — revealing it's about far more than government intervention alone. Brittney also shares compliance best practices to help importers mitigate risk and predicts how the Trump administration could respond to the recent Supreme Court ruling that struck down reciprocal tariffs.

This episode was recorded prior to the Supreme Court decision issued on Feb. 20. 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.

Decrypting Crypto: How It Works and How It’s Watched

Cryptocurrency remains poorly understood by much of the public. Only 17% of U.S. adults say they have ever invested in, traded or used a cryptocurrency — a share that is statistically unchanged since 2021, according to the Pew Research Center. Jonathan Schmalfeld, Director of Policy for The Digital Chamber, joins host Matt Adams to demystify digital currency. Jonathan sheds light on the technology behind it and unpacks the enforcement and compliance trends shaping the space today. Discover how outdated, decades-old financial laws are being applied to this emerging technology, what Congress and regulators are doing now and the jurisdictional hurdles a borderless system creates in courtrooms.

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.

The Shadow Docket: Supreme Court Decisions That Shape America

In recent years, the Supreme Court of the United States has issued decisions that have altered the course of American life and politics. Carolyn Shapiro joins host Matt Adams to take a look at some of these compelling cases. A former Illinois Solicitor General, Carolyn is now a professor at Chicago-Kent College of Law, where she founded and co-directs the Institute on the Supreme Court of the United States. Together, Carolyn and Matt dig into the decisions that have recalibrated the separation of powers framework laid out in the Constitution. They also define the court’s “shadow docket,” tracing its evolution over the past 15 years and the criticisms it now faces.

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.

Automation With Expert Oversight: The Future of Forensic Accounting

Dive into how technology is transforming forensic accounting, and why expert review remains an essential safeguard against blind reliance on automation. Chris Ekimoff, an investigations leader at Withum who works at the intersection of financial investigations, technology and risk management, joins host Matt Adams to unpack the benefits and limitations of technology. In their conversation, Chris draws parallels between AI’s aggregation and analysis and Excel’s ability to correctly add up numbers and columns, and explains why the input of a human expert — with their skills, knowledge, education, experience and training — remains critical to explaining the outputs of both technologies, particularly in the courtroom.

Who’s in Charge? Navigating Uncertainty in New Jersey’s U.S. Attorney’s Office

The prolonged legal fight over Alina Habba's status as New Jersey’s top federal prosecutor has thrown court proceedings throughout the Garden State into turmoil. Even with the recent Third Circuit Court of Appeals decision and Habba’s alleged resignation, the future remains uncertain, according to James Pearce, Senior Counsel at the Washington Litigation Group, who was involved in the litigation challenging Habba’s appointment. James joins host Matt Adams to delve into the thorny legal issues that began with Habba’s spring 2025 appointment and culminated in the ruling earlier this month by the Middle District of Pennsylvania that she was unlawfully serving in the role. James and Matt explain why her position was challenged, where the case stands now and what is currently happening to cases in the state’s federal court. Matt and James also explore the broader implications of this case for the Justice Department and how it’s impacting similar pending litigation in other jurisdictions.

Shattered Scales: Structural Harm in the Criminal Justice System

Is the American criminal justice system designed to find truth and justice? Or is it an apparatus created to secure convictions as efficiently as possible and penalize poverty? Peer behind the courthouse door with former public defender Emily Galvin Almanza as she joins host Matt Adams to discuss her book, The Price of Mercy: Unfair Trials, a Violent System, and a Public Defender's Search for Justice in America. A Co-Founder and Executive Director of the nonprofit Partners for Justice, Emily dissects the harmful, everyday bureaucratic practices that play a central role in a criminal justice system focused on the expediency of punishment. Emily and Matt share their personal experiences and first impressions of the criminal justice system early in their career. They also dig into practical solutions that can remediate some of the core causes of crime in communities throughout the country.

The Fraud Whisperer: A Journey From Hedge Fund Hustler to Corporate Risk Adviser

Determined to reshape his future once he was released from FCI Otisville, convicted white-collar criminal Mark Varacchi immersed himself in uncovering statistics on white-collar fraud to lay the groundwork for his post-prison life. The former hedge fund C-suite executive, who now runs Federal Prison Consultancy, interviewed countless fellow inmates while at Otisville who were also convicted of fraud, seeking to identify and uncover patterns in how they were able to perpetrate the fraud for which they were convicted. Today, he’s armed with a new kind of knowledge that helps companies prevent and uncover fraud. Mark joins host Matt Adams in this fascinating episode that explores how his career spiraled downward as he mismanaged millions, including the immense anxiety he carried each day of potentially being called out for his actions. They also discuss how and why Mark used his prison time strategically to gain insights on how other white-collar criminals skated through financial systems to commit fraud. That insight fuels Mark’s newfound career in helping businesses understand and apply his findings.

Beyond the Headlines: Unpacking a Pivotal Case on Privilege Protections

A federal court ruling issued in a case involving an alleged bribery scandal shook the legal world when it appeared to limit attorney-client privilege and the work product doctrine. The case grabbed the attention of Bloomberg Law reporter Roy Strom, who followed the matter through its reversal by an appeals court. He joins host Matt Adams to explore this case from their respective positions: a journalist and a lawyer. Roy offers his insight into the value of amicus briefs, especially when he sees law firms banding together to argue for the sanctity of attorney-client privilege. The two also discuss the evolving landscape of white-collar defense law, and Roy offers advice on how lawyers can most effectively interact with journalists.

Necessary Narratives: Storytelling That Moves Lives Forward

Harnessing his personal experience as an incarcerated individual and his writing talents as a storyteller, Brad Rouse is focused on helping defendants accelerate their path to redemption and healing. A former on- and off-Broadway director who spent time in Brooklyn’s Metropolitan Detention Center (MDC) on a federal drug charge, Brad is currently a Senior Writer and Mitigation Consultant for WhiteCollarAdvice.com, a business that helps white-collar defendants through all stages of the judicial process. Brad shares with host Matt Adams how his life unraveled in a 14-month span, taking him from New York’s theater district into a drug addiction that landed him in the MDC. Today, he’s crafting written narratives for defendants to present to judges at their sentencing hearings. Brad approaches each storytelling exercise as a holistic form of healing for his clients. Through a series of conversations with each defendant, he works to convey to judges a contextual understanding of the person they are about to sentence, showing each as more than the crime to which they have pleaded guilty.

Fireside Chat With Rachel Barkow and Casey Michel

Recorded at our 2025 White-Collar Symposium earlier this month, this special episode gives guests Rachel Barkow and Casey Michel an opportunity to address the issues explored in each other’s books. With host Matt Adams as moderator, Rachel — an author, law professor and former clerk for Justice Antonin Scalia — and Casey — an investigative journalist and Director of the Combating Kleptocracy Program at the Human Rights Foundation — explore the common themes in criminal law that connect their works. Rachel and Casey dig into how constitutional rights, judicial interpretation of those rights and legislative statutes influence both mass incarceration and foreign lobbying. Their conversation weaves together turning points and pivotal figures in U.S. history — Richard Nixon and Bob Dole, the Gilded Age and the 1960s — and identifies how those moments and individuals have shaped today’s realities.

Unpacking Cashless Bail: Equity vs. Public Safety

The debate over cashless bail has intensified following the August Executive Order calling for its nationwide elimination. In this episode, host Matt Adams moderates a conversation featuring dueling perspectives on the cashless bail issue from guests Chanel Rhymes and Ken Good. Chanel is the Director of Advocacy for the Northwest Community Bail Fund, which provides cash bail to those for whom it's not accessible, and fights against the cash bail system. Ken Good is a board member of the Professional Bondsman of Texas, author, podcaster and lawyer who represents the cash bail industry. Chanel and Ken highlight the merits and drawbacks of both cash and cashless bail, rooted in their personal and professional experiences with both systems.

The Legacy and Lessons of Guantanamo Bay: A Defense Attorney’s Perspective

More than two decades have passed since the doors of Guantanamo Bay were opened to house alleged terrorists. Those doors remain open, though the number of detainees has dwindled to 15. In this episode, Mark Denbeaux, Professor Emeritus and Director of the Center for Policy and Research at Seton Hall University School of Law, shares his personal experiences representing Guantanamo Bay prisoners and looks at the lessons learned, and the lives and liberties lost, in America’s war on terror. Mark, who visited the facility more than 100 times over the course of his representations, joins host Matt Adams to discuss how the road to Guantanamo was paved with the legacy of America’s internment of people of Japanese descent, most of whom were American citizens, during the Second World War. Mark and Matt also weave the historical threads leading to the current administration’s detention facilities for individuals accused of entering the country illegally and its approach to habeas corpus — a legal recourse against unlawful detention.

Shattering the Myth of Rational Justice

The American justice system is based on incorrect assumptions about the rationality and logic of human behavior. That’s according to Drexel University Law Professor Adam Benforado, the New York Times bestselling author of Unfair: The New Science of Criminal Injustice. Using the disciplines of psychology and social science upon which he based his book, Adam and host Matt Adams explore the systemic blind spots of the criminal justice system in the investigation, adjudication and punishment stages. They also examine the potential to rebuild and reform the system using a more realistic model set of human behavior.

Tariff Uncertainty and Compliance Risks for Businesses

The Trump administration’s fluctuating tariffs pose major compliance risks for businesses operating in the U.S. Dive into the challenges they pose to businesses that rely on imported goods and services as Marina Gentile joins host Matt Adams to break down the complex aspects of global transfer pricing. A Partner and Lead of the Global Transfer Pricing Strategies Practice at the accounting and advisory firm Withum, Marina draws on 30 years of experience to explain how businesses seeking to mitigate the cost of tariffs can inadvertently engage in tax manipulation. You’ll learn what businesses need to do to stay ahead of the compliance curve and discover what could be coming next for global trade.

The Power of Interpretation: Constitutional Meaning in the Modern World

The Constitution takes center stage in this latest episode with legal scholar Erwin Chemerinsky, Dean of UC Berkeley Law, who is renowned for his studies of constitutional law and federal civil procedure. He and host Matt Adams dig into how the Constitution is interpreted, and occasionally misunderstood, by elected and appointed federal government officials. They also discuss U.S. Supreme Court rulings issued from the Warren court to today in cases involving constitutional law. They explore how the concept of “originalism” has influenced decisions involving civil rights, executive immunity, election campaigns and more. This intriguing episode also touches on whether it’s time to draft a new, more modern Constitution. This episode of The Presumption of Innocence was recorded days before the Supreme Court ruled in Trump v. CASA, Inc., restricting federal courts’ ability to issue nationwide injunctions, an outcome our guest examines prospectively in the first half of the podcast.

Cages We Built: The Making of Mass Incarceration in America

The U.S. imprisons a larger percentage of its population than any other country in the world. How did we get here? Rachel Barkow, Charles Seligson Professor of Law and Faculty Director of the Zimroth Center on the Administration of Criminal Law at New York University School of Law, returns to the podcast for an in-depth discussion on that very topic with host Matt Adams. Rachel’s second book, Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration, centers the conversation, highlighting six key Supreme Court cases. Rachel asserts that, had the justices ruled differently, their decisions would have created an American society where incarceration rates remained similar to other Western democracies. Rachel and Matt also discuss the financial, societal and practical costs of rising incarceration trends, and whether it’s possible to reverse the trajectory.

Enforcement Priorities of the Second Trump Administration: The False Claims Act

The Deputy Attorney General of the United States has made it clear that the Department of Justice intends to enforce the False Claims Act (FCA) in a way it never has before: in the pursuit of civil rights fraud. Listen as host Matt Adams is joined by his Fox colleagues Jana Volante Walshak and Kevin Raphael to break down the DOJ's internal memo, titled “Civil Rights Fraud Initiative,” and explain how this new enforcement focuses on “illegal DEI” and impacts businesses and universities that accept federal funds. Matt, Jana and Kevin provide a history of the FCA from its origins in the Reconstruction Era up to present day. They also explore how the act’s traditional compliance emphasis compares to the current administration’s priorities, and detail the incentives to encourage whistleblowers. Additionally, they forecast how the FCA may be used to enforce other administration priorities in the coming years.

The Tragic Toll of Conspiracy Theories: The Seth Rich Story

A violent, unsolved murder of an up-and-coming young professional in our nation’s capital. A grieving family in the Midwest. And conspiracy theories both ignited and inflamed by politics. Listen in as investigative journalist Andy Kroll returns to the podcast to dive into his book, “A Death on W Street: The Murder of Seth Rich and the Age of Conspiracy.” Andy and host Matt Adams take us back to the 2016 election year to examine why and how conspiracy theories took flight after the death of Seth Rich. You’ll hear how a family in mourning sought — and got — justice against a narrative of falsehoods and how the court system continues to hold the line to facts.

A Call to Service: From Public Duty to Spiritual Advocacy

Father Joseph Ciccone's mission to serve the public has been an unwavering and guiding force throughout his life. He’s held many titles over the years: Police Officer. Teacher. Detective. Bergen County Sheriff. Priest. But the title that brings him to the podcast today is that of convicted felon. Father Joe joins host Matt Adams to detail his life of public service, from his early days as a beat cop in the 1980s to his foray into elected public office — which ultimately led him to become the target both of hate crimes and of the Bergen County Prosecutor's Office. After pleading guilty, Father Joe dedicated his life as a priest to advocacy for criminal justice reform. This thought-provoking episode also touches on how Father Joe’s personal life as a gay man and his progressive social initiatives as a cop, detective and county sheriff impacted the trajectory of his life.

Enforcement Priorities of the Second Trump Administration: Employee Retention Tax Credit

Five years and two presidential administrations later, tensions remain — with the IRS and tax credit applicants — over the pandemic-era Employee Retention Tax Credit (ERC). While the IRS has been continuing a Biden-era restrictive policy, a new mandate may be coming when a new IRS Commissioner is confirmed. Fox attorneys Brian Bernhardt and Jonathan Wasser join host Matt Adams for a comprehensive look at the current state of the ERC. They also discuss Billy Long — the current IRS commissioner nominee — and how his background may shape his plans for the agency’s approach to the ERC. Brian and Jonathan also forecast what’s likely to come for the IRS and the ERC in light of staffing reductions.

Enforcement Priorities of the Second Trump Administration: DOJ Focus

While President Trump’s first administration focused on reshaping the judiciary, he’s indicated a priority of his second administration will be reshaping the federal justice system. In this episode, reporter Andy Kroll and host Matt Adams explore the commonalities among recent U.S. Attorney appointments and how these newly named individuals may impact the overall enforcement priorities of the Department of Justice. They discuss what makes this presidential term different — and what makes it the same — as well as how reductions in force and other staffing changes across multiple federal agencies align with the president’s stated vision and agenda. An investigative journalist known for his in-depth reporting on the intersections of politics, money and power, Andy currently serves as a national reporter for ProPublica, where he covers justice and the rule of law, including the Justice Department, U.S. Attorneys and the courts.

Enforcement Priorities of the Second Trump Administration: IRS Investigations

What’s on the Trump administration’s agenda when it comes to federal investigations? Listen to the first in a series of episodes aimed at answering that question. Former IRS Special Agent Jonathan Schnatz joins host Matt Adams to discuss his experience as world events and changing presidential administrations shifted IRS priorities during his 25-year tenure in the Criminal Investigations division. Now a Principal at Withum, Jonathan shares his opinions and prognostications on the administration enforcement priorities for the IRS, including the suggestion that IRS agents will be deployed to the U.S./Mexico border. Matt and Jonathan also dig into the recently released IRS “Dirty Dozen” list and weigh the likelihood of them becoming enforcement priorities.

Wired for Truth: The Art & Science of Polygraphs

The polygraph test: We’ve all seen it used in popular movies, but what is it the truth behind how it’s used in the criminal justice system? Jerry Lewis, a retired New Jersey State Police lieutenant who’s been administering polygraphs since 1981, joins host Matt Adams to peer inside the mechanics of the test. They explore the science at work in a polygraph machine and the art of questioning a subject — and how to identify when someone is lying without a polygraph. Jerry also addresses criticisms of the polygraph, defends his opinion on forced confessions and discloses the role he played in catching the killer of Megan Kanka, the namesake of Megan’s Law.

A Strategic Gamble: The Risks, Costs and Rewards of Going to Trial

Statistics weigh heavily against defendants in the criminal justice system. Only 0.4% were acquitted after trial in federal cases during fiscal year 2022. In this latest podcast episode, host Matt Adams is joined by firm colleague Patrick Egan, whom Matt describes as “the type of trial lawyer you go to when your only option is to roll the dice and go to trial taking a shot against all odds.” Patrick, a Fox Partner and Chair Emeritus of the firm’s White-Collar Criminal Defense & Regulatory Compliance Practice, discusses how he navigates clients through the decision to go to trial and shares his insights into the political and procedural reasons why statistics favor prosecutors. Patrick also recounts the details of one of his most high-profile acquittals involving a Philadelphia politician innocent of the charges lobbied against him.

The Power of the Presidential Pardon: Traditions and Turning Points

Recent presidential pardons by both sides of the political aisle are unprecedented in their purposes, which were wielded both to reward and protect. That’s according to Rachel Barkow, Charles Seligson Professor of Law and Faculty Director of the Zimroth Center on the Administration of Criminal Law at New York University School of Law. A prolific author who is recognized as one of the country’s leading experts on criminal law and policy, Rachel joins host Matt Adams for a timely discussion exploring the historical use of presidential pardons, the standard vetting process for requests and how the pardons issued in January by the both the outgoing and incoming presidents diverge from traditional uses of the power. They also speculate on how — and if — the process could change in the future, should a president have the interest in altering authority granted by the Constitution. You won’t want to miss this enlightening episode.

The Flaws of FARA: Feeble Oversight of Billions in Foreign Influence

Journey back in time as we explore the origins of the Foreign Agents Registration Act (FARA) — and trace its impact on reshaping the public image of some of the most corrupt foreign entities over the past 50 years. Author Casey Michel returns to the podcast to join host Matt Adams to discuss Foreign Agents: How American Lobbyists and Lawmakers Threaten Democracy Around the World. Casey’s book highlights the failures of FARA, which was enacted in 1938 to require agents of foreign principals who are engaged in political activities to publicly disclosure their activities. Discover the fascinating roots of FARA’s inception and dig into the law’s influence on American history. You’ll also learn why Casey’s book landed him on Vladimir Putin’s sanctions list and if FARA reform is in the future.

Diagnosis: Innocent

A Doctor’s Journey to Acquittal For six and a half years, Dr. Muhamad Aly Rifai, a physician from Easton, Pa., lived in fear and anxiety that life as he knew it was over. A leader in telehealth psychiatric services since the early 2000s, Dr. Rifai was charged with fraudulently billing more than $1 million to Medicare, stemming from his practice treating elderly patients in a rural area. In this episode, Dr. Rifai describes his harrowing experience to host Matt Adams. It could be a tale straight from a television show, featuring a government raid by agents carrying automatic weapons, an early morning call from the local SWAT team lieutenant and a key government witness who crumbled under cross-examination on the stand. Dr. Rifai also imparts words of wisdom for anyone who may find themselves in a similar situation, and details how he combatted fierce pressure by the government — and his own attorney — to plead guilty.

Engineered for Injustice: How Coerced Pleas Trap the Innocent

Rodney Roberts was given a total of 25 minutes to make a life-altering decision. In custody, isolated from family and advised by a public defender to plead guilty to lesser charges in a crime he did not commit, Rodney succumbed to fear and pressure, and agreed to the terms. In this wrenching episode, Rodney joins host Matt Adams and defense attorney Tim Gumkowski of the Innocence Project to share his personal story of coercion into a guilty plea and the years of his life he lost as a result, trapped in a system that refused to acknowledge its mistake. Now a reentry coach with the Innocence Project, Rodney was ultimately exonerated after serving 18 years — including 10 years civilly committed in a facility after the attorney general filed a petition citing delusion and psychosis in response to Rodney’s repeated assertions of innocence. You’ll hear Rodney explain his emotional turmoil as he was coerced into the guilty plea and how his experience drives his work today with the Innocence Project. Matt and Tim also dig into the structural flaws of the criminal justice system that fuel this fire of coerced plea agreements and explore whether ways exist to extinguish them.

A Higher Duty of Care: Representing Clients Living With Mental Illness

The defense of clients experiencing mental health issues is one of the most challenging and nuanced aspects of criminal law. An estimated one-third to one-half of incarcerated individuals live with some form of mental illness and often find themselves at the mercy of a criminal justice system that offers little relief or recourse. Elizabeth Kelley, a New York City criminal defense lawyer, joins host Matt Adams to explain how attorneys can best advocate for and represent clients who experience mental illness. Elizabeth, who is also the editor of the ABA-published book Representing People With Mental Disabilities: A Practical Guide for Criminal Defense Lawyers, explores the hurdles that criminal defense attorneys can encounter as they strive to secure optimal outcomes for their clients. In a compassionate conversation based on their personal experiences representing clients who experience mental illness, Elizabeth and Matt discuss the afflictions most prevalent among those traversing the criminal justice system, including juveniles and veterans. They also detail the critical role played by a forensic mental health expert, who is best equipped to assess a defendant’s competency and sanity according to their legal definitions.

Hidden in Plain Sight: How Kleptocrats Exploit U.S. Financial Systems

The shadowy finances that fueled the 9/11 terrorist attacks cut a somber scar into America. Despite the anti-money laundering initiatives woven in the Patriot Act, that wound continues to fester, according to Casey Michel, who suggests U.S. federal and state systems make America a cooperative collaborator in the money laundering schemes of kleptocrats. Casey, author of American Kleptocracy: How the U.S. Created the World's Greatest Money Laundering Scheme in History and Director of the Combating American Kleptocracy Program at the Human Rights Foundation, joins host Matt Adams for the show’s landmark 50th episode. Matt and Casey start their discussion focused on how corrupt foreign leaders launder the wealth expropriated from their home countries in the traditional offshore outlets. They then explain how those kleptocrats have legally infiltrated America — from small towns in the Midwest to oceanfront urban metropolises — with shell companies promising revitalization and development but often leaving dilapidated buildings and distressed communities instead. What legal and legislative measures are required to challenge these actions? Matt and Casey explore all that and more in this insightful episode

Perspectives From the Bench: Anatomy of a Criminal Trial With Retired Judge Margaret Foti

The Honorable Margaret Foti, formerly the Presiding Judge of the Criminal Division of the Superior Court of New Jersey, Bergen County, joins host Matt Adams to examine the state’s criminal trial process from the view of the bench. From arrest to sentencing, the two discuss a wide range of topics in New Jersey criminal proceedings, including bail reform, Early Disposition Court and the role of a defendant’s remorse in a judge’s ruling. You’ll glean important insight from the bench on jury selection and sentencing determinations. Plus, Judge Foti shares a story of when Matt appeared in her courtroom and how the ruling in that case impacted the defense bar.

Digital Boundaries: Fourth Amendment Protections in a Connected World

Modern technology is testing the limits of the Fourth Amendment and redefining the parameters of privacy. Michael Price, Litigation Director of the Fourth Amendment Center at the National Association of Criminal Defense Lawyers, joins host Matt Adams to dive into some of the most pressing issues at the intersection of criminal law and technology: geofencing, reverse warrants, facial recognition and forensic genealogy. Will case law catch up with technology? Michael and Matt search for answers in this compelling episode.

Fireside Chat With Bill Baroni and Jesse Eisinger

Recorded at our 2024 White-Collar Symposium held in Philadelphia last month, this special episode dives into the landscape of white-collar criminal prosecution from the perspectives of Bill Baroni and Jesse Eisinger. Both former podcast guests, Bill and Jesse provide Matt Adams with insight into their personal experiences with the presumption of innocence. They also share their views on how politics does — and does not — influence cases pursued by the Department of Justice. Bill is the former deputy executive director of the Port Authority of New York and New Jersey who was indicted and served prison time in connection with the infamous Bridgegate scandal before his conviction was unanimously overturned by the U.S. Supreme Court. Jesse, a Pulitzer Prize-winning journalist, is the author of The Chickenshit Club: Why the Justice Department Fails to Prosecute Executives, which explores the DOJ’s prosecutorial approach from the early 2000s Enron era into the Great Recession and the collapse of the financial markets.

America’s Incarceration Industry: Exposing Private Prisons

Peer into the world of prison profiteers with Shane Bauer. Shane’s name may sound familiar. In 2009, he and two friends were hiking near the Iraq-Iran border when they were arrested by Iranian authorities, accused of espionage and imprisoned for more than two years. Extensive international pressure and diplomatic efforts ultimately secured their release. An American journalist and author, Shane decided to dive deeper into the private U.S. prison system after his return to America. Working as an undercover guard in a private Louisiana prison, Shane exposed its conditions and practices in his award-winning book, American Prison: A Reporter's Undercover Journey Into the Business of Punishment. He and host Matt Adams engage in a perspective-shifting conversation on the origins of America’s private prison system, which accelerated in the South after the Civil War. They also discuss the impact of Shane’s book on the industry, which pivoted into immigration detention during the Trump administration.

The Grit, Grace and Gift of Second Chances

What’s it like when the FBI knocks at your door? Justin Paperny shares his journey from that fateful day in April 2005 to his 18-month sentence in federal prison as a convicted felon and an encounter with a fellow incarcerated person that changed the trajectory of his life. Justin joins host Matt Adams for an episode detailing how that unexpected friendship gave him a chance to forge a new a career out of a mistake. Justin is the founder of White Collar Advice, a business that helps white-collar defendants through every stage of the judicial process. You’ll be captivated listening to how Justin is turning his story of redemption into a tangible way to help others.

AI in Criminal Justice: Opportunity or Opportunity for Misuse?

Can artificial intelligence be a positive, productive tool in criminal justice or are its flaws and the opportunity for misuse too great? Host Matt Adams covers these issues and more with Pramod Kunju, a Data Analytics & AI entrepreneur with a master’s degree in criminal justice who wrote the book, "Artificial Intelligence (AI) in Criminal Justice: A Primer on Implications, Ethics, Policy.” The discussion ranges from the use and potential use of AI in policing, prosecution and corrections, to the consequences of bias in AI and the need to correct it. You won’t want to miss this thought-provoking episode.

The Dynamics of Decision-Making: Psychology and the Criminal Justice System

Human errors can irrevocably alter the course of someone’s life in the criminal justice system. In a fascinating follow-up to Episode 40 on the role of pseudoscience in the courtroom, Dan Simon joins host Matt Adams to dissect Dan’s book, In Doubt: The Psychology of the Criminal Process. Dan, who is also the Richard and Maria Crutcher Professor of Law and Psychology at the University of Southern California Gould School of Law, digs into the inherent role of psychology and cognitive science throughout the criminal justice process. Matt and Dan explore how spontaneous and induced errors impact and influence criminal investigations. Dan offers a scientific perspective on how to improve the system to make it more accurate and fair. He also explains why his proposals would benefit law enforcement and the accused. And lastly, Dan takes aim at the interrogation process and the adversarial legal system in the United States and the structural role both play in reaching accurate outcomes in a case.

Debunking Courtroom Pseudoscience: A Conversation With the Innocence Project's Chris Fabricant

It’s a sense of outrage that gets him out of bed every morning, says M. Chris Fabricant, Director of Strategic Litigation at the Innocence Project. Approximately 2.3 million people are incarcerated at any given time in the United States. Estimates put the number of wrongfully convicted at up to 5%, meaning tens of thousands of innocent people are behind bars for crimes they did not commit but were convicted of, often based on pseudoscience. Chris, the author of Junk Science in the American Criminal Justice System, joins host Matt Adams to explain the history and evolution of forensic science. Emerging as a “field” in the latter half of the 20th century, forensic science was often developed without employing the scientific method. Bite marks and blood spatter have since been accepted as “evidence” by the courts and the media. The field also has underpinnings in systemic racial, social and economic justice issues that continue to impact convictions today. Chris and Matt scientifically debunk certain elements of the field and share with listeners how they can support the critical mission of the Innocence Project.

Unthreading the Silk Road: A Conversation With Author Nick Bilton

A marketplace of drugs, guns and murder for hire. Journalist and author Nick Bilton explored the illicit web-based market the Silk Road in his page-turner, American Kingpin: The Epic Hunt for the Criminal Mastermind Behind the Silk Road. In this engaging episode, he joins host Matt Adams to dig into how he conceptualized, researched and wrote this book. They also forecast where internet-based crimes are potentially headed thanks to artificial intelligence. Nick and Matt’s conversation takes listeners back in time to the early 2000s—the early days of internet-based crime—and provides a legal and practical perspective on how federal agencies altered their tried-and-true processes to confront and catch criminals committing crimes via the web. The episode also explores how the acceptance of responsibility—or lack thereof—by a defendant can affect sentencing decisions.

A Blueprint for Compliance: The Fraud Pentagon Theory

How can you pinpoint employee behaviors that signal a potential risk of fraud in your company, especially if you operate in a highly regulated industry? Join host Matt Adams for this insightful episode featuring Nicole Sliger and Jonathan Marks, forensic accountants with the global accounting and consulting firm, BDO. The trio provides practical guidance on compliance management, informed not only by personal experiences but also the five components of the Fraud Pentagon Theory. Developed by Jonathan, this theory helps companies identify the human element that can lead to employees engaging in activities that put a company at risk for white-collar crimes. You’ll learn to recognize key red flags and take actionable steps to safeguard your organization.

Vintage or Trendsetting? The SDNY's Whistleblower Pilot Program

The Department of Justice launched a Whistleblower Pilot Program in the Southern District of New York in February. But is it a groundbreaking program, or an existing policy simply wrapped in fresh branding? Seasoned white-collar litigator Andrew Bernstein joins his partner and series host Matt Adams to dissect the program. The two give their candid opinions on its limitations, effectiveness and potential for expansion outside the SDNY. Listen to find out why it’s critical to contact an attorney before making a self-disclosure directly through the program

Rolling Change: The DEA Turns Over a New Leaf on Marijuana Scheduling

The U.S. Drug Enforcement Agency (DEA) triggered high hopes when it recently announced it wants to accept the U.S. Department Health and Human Services’s recommendation to reschedule marijuana from Schedule I to Schedule III. Josh Horn, Co-Chair and founder of our Cannabis Law Practice, joins host Matt Adams to explore this trailblazing announcement by the DEA. Their discussion digs into the business and banking ramifications for cannabis companies of the potential rescheduling. They also explore social justice issues for people formerly incarcerated for nonviolent crimes related to the possession and use of the marijuana. And they examine the parallels to Prohibition as well as consider the benefits rescheduling could have for medical research and municipal revenue generation.

A Double-Edged Sword? The DOJ Confronts AI

Like all new technologies, AI isn’t naturally good or bad. But it can be used by people motivated to do terrible – and possibly criminal – things. That’s the view of Mark McCreary, our Chief Artificial Intelligence & Information Security Officer. He joins series host Matt Adams to discuss AI in light of DOJ Deputy Attorney General Lisa Monaco’s public statements this year surrounding the emerging technology. Mark offers his perspective on the future of machine cognition, including whether it’s possible to recognize potential criminal activities aided by AI. The pair also explores legal and ethical perspectives of using generative AI in the workplace. You’ll hear valuable recommendations on how to incorporate this new technology into your business while establishing guardrails and policies to keep proprietary and personal data secure. If you’re using or considering using Gen AI in your workplace, this episode is for you.

A Conversation With Jesse Eisinger, Author of 'The Chickenshit Club: Why the Justice Department Fails to Prosecute Executives'

In a single decade, the prosecutions of those accused of white-collar crime underwent a radical transformation. This thought-provoking episode will take you back in time to explore the DOJ approach in the early 2000s Enron era and walk you forward into the Great Recession and the collapse of the financial markets. Jesse Eisinger, a Pulitzer Prize-winning journalist, joins host Matt Adams to discuss his book, "The Chickenshit Club: Why the Justice Department Fails to Prosecute Executives." The pair discusses how the pendulum swung drastically from a time of nightly executive perp walks on the evening news, to today, where settlements reign supreme and accountability for inflicting widespread economic harm via white-collar crimes is absent. You’ll discover the historical context for the Department of Justice's current Principles of Corporate Prosecution and find out how politics — sometimes counterintuitively — plays into the Department of Justice’s actions.

Framing the Narrative: Journalism's Influence on the Presumption of Innocence

In this insightful episode, Pulitzer-nominated journalist Mark Di Ionno talks candidly about how the media can affect the court of public opinion for defendants facing criminal accusations. Throughout Mark’s 40+ years of reporting, he has maintained and demonstrated empathy for the people who are at the heart of any story he’s written. He and host Matt Adams explore how changes in journalism, including the way reporters approach a story and the impact left by a digital footprint, may have eroded the presumption of innocence to which every defendant is entitled. This episode also offers insight into how defense attorneys can flex the media narrative to benefit and protect their clients.

Celebrating Women’s History Month With WWCDA’s Global Chair and Co-Founder

The Women’s White Collar Defense Association is an integral force in the world of white-collar law. It personifies the theme of this year’s Women’s History Month: “Women Who Advocate for Equity, Diversity and Inclusion.” Global chair and co-founder of WWCDA, Karen Popp, and Marissa Koblitz Kingman, our partner and a leader in WWCDA’s New Jersey chapter, join host Matt Adams in this special episode in recognition of Women’s History Month. The trio examines the major strides made by WWCDA since its founding in 1999 and highlights its impact today on the practice of white-collar criminal defense law for both men and women. Marissa also shares how her involvement and leadership in WWCDA have benefited her career and practice.

An Introspective Look at Bridgegate: Bill Baroni’s Journey Bill is the former Deputy Executive Director of the Port Authority of New York and New Jersey who was indicted and served prison time in connection with the infamous Bridgegate scandal before his conviction was unanimously overturned by the U.S. Supreme Court. In this candid conversation with host Matt Adams, Bill reflects on his journey as a target of a federal government investigation. This intriguing episode sheds new light into one of New Jersey’s biggest political scandals. Bill offers an inside look at his personal experiences as the criminal investigation and charges unfolded, including the intense pressure to plead guilty. Bill also shares how the experience shaped his current professional life. Hear how his insights impact Matt in real time, changing how he’ll now advise his clients who are under investigation.

Why They Do It: Inside the Mind of a White Collar Criminal – A Discussion With Author Eugene Soltes

What drives an individual to commit white-collar crimes? Eugene Soltes, professor of business administration at Harvard Business School and author of Why They Do It: Inside the Mind of a White Collar Criminal, joins host Matt Adams to dig into this topic from a social science and historical perspective. The episode takes a look at how white-collar crime has been perceived over the last century in the United States – from an inherent element of capitalism to today’s highly regulated environment. Eugene and Matt also discuss why individuals become involved in such schemes and what role technology plays in giving the illusion that it’s a victimless crime. You’ll learn more about Eugene’s research for his book as well as his latest studies into how businesses can use data analytics to detect, prevent and respond to reputational and regulatory threats.

A Global Perspective on the Economic Responses to COVID-19

While COVID-19 stimulus aid enforcement continues to make headlines in the United States, a very different situation is unfolding in Europe. Jim Power, a prominent economic analyst, joins host Matt Adams for an eye-opening episode into the different fiscal responses to the pandemic by the United States and Europe. Jim takes listeners through a journey of global financial crises over the past 100 years. He and Matt then explore why the U.S. and Europe are experiencing contrary fallouts from COVID-19 policies and predict how global politics could impact future economic responses.

Under the Microscope: Examining the Future of the ERC

The House Ways and Means Committee recently advanced a bill that gives businesses a proposed deadline of January 31, 2024 to file Employee Retention Credit (ERC) claims. This comes on the heels of recent announcements by the IRS whereby employers can withdraw their ERC claims or participate in a specialized ERC Voluntary Disclosure Program (VDP). Host Matt Adams is joined by Withum’s Dan Mayo for a deep dive into the latest on how the federal government is handling alleged ERC fraud and what the future may hold for the ERC should Congress pass the Tax Relief for American Families and Workers Act of 2024. This episode is a must-listen for anyone who has claimed – or is considering claiming – the ERC.

Blazing Trails: Cannabis Law in the Garden State

Pull back the curtain on New Jersey’s cannabis market with Fruqan Mouzon, who played a pivotal role in helping to write the 2021 law legalizing recreational use of cannabis in the Garden State – the New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act. Fruqan, a partner in Fox Rothschild’s Cannabis Law practice, joins host Matt Adams to discuss the nuanced considerations that influenced and impacted the construction of the law. This thought-provoking episode also explores how New Jersey incorporated the lessons learned by other states with established recreational industries, and proffers what could potentially be improved or modified in the Garden State’s law in the future.

Crisis Communication: Managing Perception & Mitigating Reputational Damage

“No comment” might not be the best response when the press comes knocking. Karen Kessler joins host Matt Adams for an eye-opening look at the importance of strategic internal and external communication during a legal crisis. The president of Kessler PR Group, Karen explains how messaging can help (or hurt) a case – both inside and outside the courtroom – as well as impact the reputation of the individual or business involved. This informative episode also explores current strategies for handling traditional and social media attention, how those practices continually evolve to respond to changes in technology and what businesses can do to prepare for the crises they don’t see coming.

An Investigative Journalist’s Insight Into the COVID-19 Fraud Strike Force

A journalist and a white-collar criminal defense attorney walk onto a podcast... Though it sounds like the start of a joke, this paired perspective shines new light on the federal government’s ongoing enforcement actions related to COVID stimulus aid fraud. Investigative reporter Brandon Block, who recently wrote an article for Crosscut on this topic, joins podcast host Matt Adams to discuss the investigations of a strike force operating out of a Seattle-area U.S. Attorney’s Office. Their thought-provoking discussion explores regional and national enforcement trends as they speculate on the future of this priority area of aggressive government enforcement activity.

Special Edition: Spotlight on the Association of Criminal Defense Lawyers of New Jersey

Created to support criminal defense attorneys in New Jersey at a pivotal time, the ACDL-NJ is strong and thriving nearly 40 years after its founding. Podcast host and current ACDL-NJ President Matt Adams is joined by Joseph Hayden, founder and first president, for a look back at the origins of this preeminent organization that has played a vital role in the Garden State’s criminal justice system. Joe, a partner at Pashman Stein Walter Hayden and co-chair of its Criminal Defense and Investigation Practices, takes listeners back through the criminal justice emergency that emerged in the 1980s that spurred and shaped the formation of the ACDL-NJ.

DOJ Policy Shifts on Business Ethics and the Culture of Compliance

A hint of policy change is in the air at the Department of Justice. But are federal regulations going too far? Guided by comments made earlier this year by Deputy Attorney General Lisa Monaco, Joe DeMaria, a former DOJ attorney turned Fox Rothschild partner, joins host Matt Adams for an engaging discussion. This episode explores how the SEC’s new Listing Standards for Recovery of Erroneously Awarded Compensation Rule could clash with employment laws in various jurisdictions throughout the U.S. and other countries. The conversation also examines the ethics involved in internal white-collar investigations, including the use of so-called “sacrificial lambs” to protect a company.

Reclaiming Purpose: A Transformative Journey Through Addiction, Rehab and Prison

In a powerful and inspiring episode, Jeff Grant, co-founder of both Progressive Prison Ministries Inc. and GrantLaw, PLLC, joins host Matt Adams, Co-Chair of Fox Rothschild’s White-Collar Criminal Defense & Regulatory Compliance Practice Group, to share his story of redemption. About 25 years ago, Jeff experienced a downward spiral stemming from a prescription opioid addiction that twisted his lucrative legal career into criminal behavior. Despite a successful stint in rehab, he was disbarred and incarcerated for lying on a post-9/11 SBA loan. This riveting discussion shines a light into the darkness of Jeff’s experiences and explains how, by taking responsibility for his actions, Jeff now devotes his life to helping people prosecuted for white-collar crimes and their families. Note: This episode contains discussion of substance abuse and attempted suicide.

Conservation Easement Donations: Tax Shelter or Charitable Contribution Deduction?

WA backlog of conservation easement Tax Court cases and IRS audits are dramatically impacting investors, and could for years to come. Will incoming leadership changes and movement from Congress resolve pending cases? In an eye opening discussion, Matt Lee, Co-Chair of Fox Rothschild’s White-Collar Criminal Defense & Regulatory Compliance Practice Group, and Brian Bernhardt, a partner in the Taxation & Wealth Planning Practice Group, take a deep dive into the IRS concerns. This episode explores reasons behind the lengthy audit process, who the IRS is targeting and the penalties for using charitable contributions as a tax shelter. Listeners interested in setting up a conservation easement for its intended purpose will learn tips and best practices to mitigate legal and financial risks, and explore the anticipated future of land preservation from a tax perspective.

Pitfalls and Perils - Employee Retention Credit Enforcement Trends

With three years’ worth of legislative changes impacting the Employee Retention Credit (ERC) program, a host of complex eligibility rules and predatory third-party promoters, it’s no surprise that enforcement is on the rise against those who sought the refundable tax credit. In this insightful discussion, Matt Adams, Co-Chair of Fox Rothschild’s White-Collar Criminal Defense & Regulatory Compliance Practice Group, is joined by Matthew Walsh, C.P.A. and a Market Leader in Withum’s COVID-19 Financial Assistance Services Practice, and Jessica Hollobaugh, a Partner and Market Leader in the Forensics Investigations and White-Collar Criminal Defense Practice at Withum.

The Fifth Amendment & Its Role in Parallel Proceedings

In this informative and engaging episode, Matt Adams, Co-Chair of Fox Rothschild’s White-Collar Criminal Defense & Regulatory Compliance Practice Group, and Jack Siegal, a partner who recently joined the firm’s Boston office, discuss what must be considered before defendants invoke their Fifth Amendments rights when in the crosshairs of criminal and civil investigations. Matt and Jack also share some of their personal experiences with parallel proceedings and how they navigate clients through the rules, ethics and other factors to guide them toward the best possible outcome.

A Deep Dive Into Antitrust Violations and the Procurement Collusion Strike Force

Unwittingly walking into an antitrust violation can be easier than it seems. In our latest podcast episode, listen as Fox Rothschild partners Ryan Becker and Kristen Broz explore the recent spike in enforcement activity by the Justice Department’s Procurement Collusion Strike Force. The duo also share PCSF’s upcoming priorities, as well as offer tips to government contractors to help avoid actions that could potentially violate the Sherman Antitrust Act.

The IRS Annual Dirty Dozen List: Avoiding Tax Scams and Schemes

Dig into the IRS 2022 “Dirty Dozen” list of nefarious tax schemes with Matt Adams and Matt Lee, Co-Chairs of the firm’s White-Collar Criminal Defense and Regulatory Compliance Practice. They discuss these potential traps for the unwary, highlight current enforcement patterns and share other fraud trends on the horizon.

An Appealing Conversation: Insights From a Former Court of Appeals Judge

Podcast guest Marsha Piccone, Co-Chair of Fox Rothchild’s Appellate Practice and a former judge on the Colorado Court of Appeals, is well-versed in the process. She joins host Matt Adams, Co-Chair of the firm’s White-Collar Criminal Defense and Regulatory Compliance Practice, for a discussion on how to think a few steps ahead and establish a record that will come in handy down the road.

Compliance: On the Minds of In-House Counsel

This episode, which will resonate with listeners regardless of the industry in which they may operate, features Ricardo Solano, Executive Vice President and Chief Legal Officer at CareOne. He joins host Matt Adams, Co-Chair of the firm’s White-Collar Criminal Defense and Regulatory Compliance Practice, to discuss the complex patchwork of legal, ethical and professional standards in-house counsel navigates on a daily basis.

Follow the Money

This episode, which highlights the intersection of criminal conduct and financial forensic investigations, features Michael Shanahan, Senior Director of Alvarez & Marsal's Dispute and Investigations Practice. He and host Matthew Lee, Co-Chair of the White-Collar Criminal Defense and Regulatory Compliance Practice at Fox Rothschild, discuss the role of receivers in following the money, marshalling assets and recovering assets for victims of fraud.

The Science Behind Psychology in the Courtroom

In this compelling episode, psychologist and trial consultant Ann Greeley, Ph.D., Vice President of the Northeast Division of DecisionQuest, joins host Matt Adams, Co-Chair of the firm’s White-Collar Criminal Defense and Regulatory Compliance Practice, to discuss the psychology behind successful jury selection and trial presentation.

Internal Investigations

Your host Matt Adams, Co-Chair of the firm’s White-Collar Criminal Defense and Regulatory Compliance Practice, is joined by Charles DeMonaco, Co-Chair Emeritus of the practice, and Partner Jana Volante Walshak, for a deep dive into the structure and potential outcomes of internal investigations, and the role of attorney-client privilege in such matters.

High Stakes: Anti-Money Laundering in the State-Legal Cannabis Business

Joshua Horn, Co-Chair of Fox Rothschild’s Cannabis Law Practice, and colleague Saverio Romeo join Matt Adams, your podcast host and Co-Chair of the firm’s White-Collar Criminal Defense and Regulatory Compliance Practice, for a deeper look into the complicated industry of legalized cannabis. Their discussion centers on the evolution of state cannabis laws and how they intersect with federal anti-money laundering provisions arising from federal statutes.

The Unpopular Client: Protecting Their Presumption of Innocence

Jennifer Sellitti, Director of Training and Communications at the New Jersey Office of the Public Defender, joins podcast host and Co-Chair of Fox Rothschild’s White-Collar Criminal Defense and Regulatory Compliance Practice Matthew Adams for a thought-provoking discussion on how the “presumption of innocence” construct factors into each stage of the criminal justice process, from pre-trial publicity to sentencing. Their conversation also covers the importance of empathy to a defense attorney, the impact of systemic racism and bias on criminal proceedings and their hopes for the future of this field of law.

On the Inside

Preparing for Incarceration You won’t want to miss this latest episode, featuring Jeff Kluge, a former white-collar inmate turned defense team consultant who shares his firsthand experience with the federal prison system.

Managing Sanctions Against Russia: A Look Inside U.S. Financial Institutions

This is a must-listen episode in which Matt Adams is joined by a trio of guests responsible for upholding the Office of Foreign Assets Control (OFAC) sanctions in place against Russia since its invasion of Ukraine in last February. Featuring: Peter Kim, Principal, Forensic and Valuation Services Group and Financial Crimes Advisory Consultant, Withum David Hazen, Vice President, BSA and OFAC Officer, Atlantic Community Bankers Bank Mark Zilberzweig, Vice President, Senior Compliance Officer & Third-Party Oversight, Metropolitan Commercial Bank

Investigative Insights: A Conversation With a Former FBI Agent

Former FBI agent Mark Calnan, now a licensed private investigator and principal with the Forensic and Valuation Services team at Withum, takes you inside the mind of a criminal investigator, from the initiation of cases to the important collaboration between FBI agents and AUSAs in the U.S. Attorney’s Office. Guided by host Matthew Adams, this episode is a rare look at the flip side of a white-collar investigation.

It's Never Too Soon to Think About Early Release

Matt Adams is joined by colleague Marissa Koblitz Kingman to explain the history and use of the early release process and forecast how the COVID-19 pandemic – which in some states resulted in a reduction in the prison population of more than 30% – could permanently change the sentencing system.

Doing Business Overseas: The Foreign Corrupt Practices Act

Matt Adams dives into the history and current state of the Foreign Corrupt Practices Act with Fox Rothschild partner Joseph DeMaria.

Understanding the Employee Retention Credit

The Employee Retention Credit is rife with complexities and potential pitfalls. Matt Adams breaks down the intricacies of this COVID-19 tax credit program with help from Stephanie O’Rourk and Dana Fried of the accounting firm CohnReznick.

The Science of Modern Digital Forensics

Cell phones, tablets, laptops… your digital fingerprint can be more extensive than you realize. In episode three, Matthew Adams and Lacey Walker, Jr., President of the Computer Forensics Practice LLC, explore this developing digital landscape.

Avoid Falling Prey: The Dirty Dozen and Other Trending Tax Scams

Matt Adams and Matt Lee break down the IRS’s annual “Dirty Dozen” list of nefarious schemes encountered in 2021, discuss what is being enforced and explore other fraud trends on the horizon.

The Anatomy of a PPP Fraud Investigation

Matt Adams is joined by Jessica Hollobaugh, CPA/ABV, CFE, a partner in the forensic and valuation services group at Withum, to discuss the Paycheck Protection Program and the fraud enforcement efforts that surround it.