Gregory Rosen and Lauren Kramer Sujeeth Publish Law360 Article on SPLC Indictment
Rogers Joseph O’Donnell, PC shareholders Lauren Kramer Sujeeth and Gregory P. Rosen published a Law360 article on the recent Department of Justice (DOJ) fraud charges against the Southern Poverty Law Center (SPLC).
They analyze each element critical to a donation-based fraud prosecution – falsity, materiality, and intent to defraud – and argue that the DOJ’s indictment fails to meet those requirements. Rosen and Sujeeth also cover the bank fraud and money laundering counts against the SPLC and raise concerns about grand jury instructions and the possibility of selective or politically motivated prosecution.
“The SPLC indictment illustrates all of these vulnerabilities simultaneously. There are substantial questions regarding the adequacy of the legal instructions to the grand jury, whether the government has pleaded the requisite elements of each charged offense, and whether the prosecution reflects the neutral application of law,” Sujeeth and Rosen write.
Sujeeth is the chair of RJO’s White-Collar Criminal Defense practice group and represents companies and individuals facing regulatory investigations or state and federal criminal charges, with a focus on public corruption, fraud and cryptocurrency claims.
Rosen is a former assistant U.S. attorney who prosecuted fraud cases while with the U.S. Attorney’s Office in Washington, D.C. A member of RJO’s White-Collar Criminal Defense and Government Contracts Practice Groups, he represents clients in criminal and regulatory matters involving the False Claims Act, particularly in the field of government contracts, procurement and federal fund recipient fraud. He also handles high-stakes financial and regulatory investigations, among other matters.