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FCPA Compliance Report

FCPA Compliance Report: Kenyen Brown on Preventing DOJ Intervention Through High Policing Standards

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance.

In this special edition of the FCPA Compliance Report, welcome back fan favorite Kenyen Brown, now at his new firm, Thompson Coburn LLP.

Kenyen Brown joins Tom Fox to discuss his experience reviewing the Mobile AL Police Department use of force on behalf of his client, the City of Mobile.

Kenyen Brown is a renowned legal expert with a wealth of experience in investigations and legal work concerning constitutional standards in the use of force. His perspective on this topic is heavily influenced by his extensive background in various roles, such as US Attorney and counsel for Senate and House ethics committees, which has allowed him to deeply understand the intricacies of law enforcement and constitutional standards.

Brown firmly believes that police departments ought to adopt proactive measures, including independent third-party oversight, to align their practices with constitutional standards, particularly in the utilization of force. His experiences, notably his review of the Mobile Police Department’s use of force incidents, have led him to advocate for proactive, independent oversight to improve community relations and prevent deadly force incidents.

He underscores the necessity of reevaluating and enhancing general orders, principles, and training to ensure law enforcement officers’ compliance with constitutional standards, thereby reducing the likelihood of deadly force incidents and potential civil rights violations.

 Highlights in this Episode:

  • Preventing DOJ Intervention Through High Policing Standards
  • Community-Led Oversight: Enhancing Police Department Practices
  • Constitutional Standards for Use of Force
  • Public Involvement in Police Accountability and Transparency
  • Controversial Police Practice: No-Knock Raids

Resources:

Kenyen Brown on LinkedIn

Thompson Coburn LLP

Tom Fox

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LinkedIn

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All Things Investigations

All Things Investigation: The Kitchen Sink Indictment

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast All Things Investigation. In this podcast, I am joined by HughesHubbardReed partners Kenyen Brown and Kevin Carroll as we continue to review the various indictments against former President Trump. In this episode, we look at the state court Indictment from Georgia.

The use of Racketeer Influenced and Corrupt Organizations (RICO) charges in the Georgia indictment against former President Trump is seen as a bold move by legal experts. The indictment includes a wide range of individuals at different levels of government, raising concerns about its sweeping scope and potential consequences. The conversation between Tom, Kenyen, and Kevin delves into the challenges and complexities of the election fraud trial, including the large number of defendants and potential disruptions in the proceedings. The podcast also discusses the difficulties faced by accounting prosecutors in bringing a case against the President and the importance of judicial restraint in maintaining order and fairness in the legal system. Overall, the podcast provides insights into the significance of the RICO charges, the concerns surrounding the Georgia indictment, and the challenges faced in prosecuting high-ranking officials.

Key Highlights

  • RICO Charges in Trump Indictment
  • Georgia Indictment: Bold and Daring Move
  • Challenges and Complexity of the Election Fraud Trial
  • Challenges in Prosecuting the President
  • Judicial Restraint and Building a Record in the Jan6 Indictment in DC

Resources

Hughes Hubbard & Reed website

Kenyen Brown bio

Kevin Carroll bio

Anti-Corruption and Internal Investigations Practice Group

Categories
All Things Investigations

All Things Investigations: Episode 33 – Trump January 6th Indictment with Kenyen Brown and Kevin Carroll

In this episode of All Things Investigations, host Tom Fox discusses the legal intricacies surrounding the Donald Trump indictments with legal experts Kenyen Brown and Kevin Carroll. Tearing apart the indictment against the former President, the conversation illuminates the reality of a country grappling with the unprecedented indictment of its former Commander-in-Chief. They dive deep into the evidence, the potential repercussions, and the broader implications for the legal profession and democracy itself.

Kevin Carroll and Kenyen Brown are partners at Hughes Hubbard & Reed. Kevin is a partner in the Washington, D.C. and New York offices of Hughes Hubbard & Reed in the White Collar & Regulatory Defense and Anti-Corruption & Internal Investigations practice groups. Former U.S. Attorney Kenyen Brown is a partner in the Washington, D.C. office of Hughes Hubbard & Reed in the White Collar & Regulatory Defense and Anti-Corruption & Internal Investigations practices.

 

You’ll hear Tom, Kenyen and Kevin discuss:

  • The indictment against Donald Trump centers around “prolific lies” used to defraud the United States citizens and election officials, aiming to overturn the 2020 election results. This has legal implications far beyond insurrection.
  • The evidence collected against Trump is expansive, including public statements, internal campaign emails, attorney-client privilege documents, voicemails, and audio recordings.
  • There’s potential for more evidence that can prove the charges brought against Trump, as the indictment itself was written in plain English, suggesting transparency and inclusivity for all concerned citizens.
  • The indictments were carefully formulated to avoid charges of sedition or insurrection, focusing instead on a set of charges that come with very serious sentences.
  • Some of the unindicted conspirators may potentially flip on Trump and provide crucial testimony against the former president. However, the roles of distinguished members of the legal profession in the alleged coup d’etat raise concerns about ethics training and professional discipline at the bar.
  • The likely trial date for this case is expected to be around six to ten months in the future, depending on the course of pretrial motion practice and the scope of the issues being relitigated.
  • The upcoming trial could potentially be the most important in American history, hence all counsel should be given adequate time to prepare.
  • Kevin explains that the oath to the Constitution, not to the Commander-in-Chief, holds deep importance for him and his peers. This oath suggests that the co-equal branches of the government, including the federal judiciary and Congress, deserve equal loyalty.
  • The troubling presence of veterans and a small number of active-duty personnel at the January 6 riot, was deeply disappointing to Kevin. 
  • Kenyen says, as a prosecutor, it is a great honor to represent the United States of America. He emphasizes the weight of the responsibility and the seriousness with which he took his duties of candor and good stewardship of information.
  • The fact that the National Guard was not deployed to aid the Capitol police during the riot, given that only the president can order their deployment in the District of Columbia, suggests that this decision was part of an attempt to pressure Congress and Vice President Mike Pence. President Trump may find it difficult to convince the public of the legitimacy of his actions.

 

Resources

Hughes Hubbard & Reed website

Kevin Carroll on LinkedIn

Kenyen Brown on LinkedIn

Categories
All Things Investigations

All Things Investigations: Episode 32 – Update on Trump Indictment, Target Letter and Michigan Electors with Kenyen Brown and Kevin Carroll

Tom Fox and guests Kenyen Brown and Kevin Carroll take a deep dive into the legal drama surrounding President Trump. On this week’s episode of All Things Investigations their seasoned attorneys walk us through three major legal events that unfolded in a momentous week. They uncover the delicate balance of political and legal intrigue, explain court strategies, and reveal the ins and outs of the judicial process.

 

Kevin Carroll and Kenyen Brown are partners at Hughes Hubbard & Reed. Kevin served as a senior counsel to the House Homeland Security Committee. Kenyen is a former United State Attorney. 

You’ll hear Tom, Kenyen and Kevin discuss:

  • The surprising lack of preparation on President Trump’s defense team’s part. They were surprised by the lack of a structured legal argument and the pleading for a trial after the election.
  • Is there any merit to the defense’s claim that the amount of information to be reviewed necessitates a delay? Kenyen and Kevin agree that the defense might be asking for too long of a delay; however, they do not rule out a timeline extension due to the volume of documents involved.
  • Trump’s defense does not have a large legal team to sift through the discovery material.
  • They examine the defense strategy, in particular the call for the trial not to be held before the election. Such a privilege is not usually granted to typical defendants.
  • Kevin voices his concerns over the defense’s public statements, questioning the judge’s hesitance in issuing gag orders. Kenyen speculates that the choice of the federal district for this case could be strategic on the part of the Justice Department, aiming for a more credible verdict.
  • They discuss Trump’s announcement about receiving a target letter from Jack Smith, and its implications. They believe that it indicates that the Special Counsel believes there is already probable cause to indict Trump.
  • Tom wonders if Smith’s motivation was to pre-empt any indictment that might have been made by the state of Georgia.
  • Kevin speculates that the Justice Department might have been embarrassed by the January 6 Committee progressing far ahead of their investigation. He posits that it would be even more mortifying if a smaller District Attorney’s office managed to build a significant conspiracy and racketeering case against the President while the DOJ was lagging behind.
  • Kenyen emphasizes that justice should be their main focus and he would hope that the pace of Smith’s actions is determined by the facts and evidence he has, rather than being influenced by a state prosecutor’s progress.
  • Would the District of Columbia be an appropriate venue for a case involving the January 6 insurrection? Kevin believes so since most of the activity relating to January 6, including the preparation and the event itself, happened in DC.
  • Tom asks Kenyen and Kevin for their views on this matter of the recent announcement from the Attorney General of Michigan, who charged a series of persons claiming to be electors from Michigan but who were in fact fraudulent. 
  • Kevin finds it interesting that Federal Prosecutor Smith is also examining the fake elector scheme. He labels the indictment as apt and defines the false claims of electoral victory as fraudulent.
  • Kenyen remarks on the difficulties of prosecuting election fraud cases due to allegations of partisanship. He underlines the necessity to protect the integrity of the election system. 
  • Kevin discusses an incident in Michigan, where meetings were apparently recorded in which fake electors were selected.

 

KEY QUOTES

“I would hope that federal authorities are not motivated by what might be taking place in a parallel state jurisdiction. In other words, your master in these circumstances is supposed to be justice…” – Kenyen Brown

 

“Having investigated a few instances of election fraud cases in Alabama that ended up not being accurate or true, it’s almost a no win for the prosecutor because there are going to be allegations of partisanship regardless of the outcome of the merit of your case. Nonetheless, you do it to protect the integrity of the election system.” – Kenyen Brown

 

“The only thing worse than getting a target letter from the Justice Department is when everybody else who was involved in the crime, except you, didn’t get a target letter, they suggest that everybody’s cooperating against you.” – Kevin Carroll

 

“It’s super interesting because we all know that the federal Prosecutor Smith is also looking at the fake elector scheme because he specifically subpoenaed some individuals who were electors or state election officials in the different states that the results were in question legitimately or illegitimately. It’s a very apt indictment. It’s a fraud.” – Kevin Carroll

 

Resources

Hughes Hubbard & Reed website

Kevin Carroll on LinkedIn

Kenyen Brown on LinkedIn

Categories
All Things Investigations

All Things Investigation: Kenyen Brown and Kevin Carroll on the Trump Indictment

Welcome to the award-winning podcast All Things Investigation. Join Tom Fox on All Things Investigation, where he is joined by Kenyen Brown and Kevin Carroll, partners at Hughes Hubbard Reed, as they discuss the recent Indictment of the former President.

Brown described the indictment as “mind-boggling in its specificness,” providing strong evidence of guilt. The charges include mishandling classified information, with a strong focus on the Espionage Act. Further, the hosts discuss the severity of the charges, sensitive material, and the potential penalty the former president could face, which could mean up to 20 years imprisonment and a $250,000 fine for each count! You want to attend the discussion on the attorney-client privilege and the possibility of Judge Cannon recusing herself from the trial. You will learn much about this unprecedented Indictment with the hosts’ legal expertise.

Key Highlights:

  • Analyzing an Espionage Act Indictment
  • Charges for mishandling classified information
  • Piercing Attorney-Client Privilege in Florida Courts
  • Potential penalties for charges against former president
  • Judicial Impartiality and Independence
  • Federal Trial Process & Political Implications

 Notable Quotes:

“All this indictment is mind-boggling in its specificness. I’ve never seen this type of indictment with this much detail. First, that indicates to me they’ve got the goods.”

“And repeatedly, the National Archives and then the Justice Department through the FBI asked for the documents to be returned, and not only were they not returned, but it appears that there was a conspiracy to obstruct justice to keep them from being returned.”

“Only a small number of people, such as the President of the United States, chairman of the Joint Chiefs, need to have that. These are the absolute crown jewels of the intelligence and defense communities deliberately mishandled.”

“The attorney’s testimony can be admitted.”

Resources

Hughes Hubbard & Reed website

Kenyen Brown bio

Kevin Carroll bio