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The Presumption of Innocence Podcast: Episode 48 - Digital Boundaries: Fourth Amendment Protections in a Connected World [Audio]

“The right of the people to be secure … against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause … and particularly describing the place to be searched, and the...more

The Presumption of Innocence Podcast: Episode 47 - Fireside Chat With Bill Baroni and Jesse Eisinger [Audio]

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...more

The Presumption of Innocence Podcast: Episode 46 - America’s Incarceration Industry: Exposing Private Prisons [Audio]

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...more

The Presumption of Innocence Podcast: Episode 45 - The Grit, Grace and Gift of Second Chances [Audio]

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...more

The Presumption of Innocence Podcast: Episode 44 - A Recipe for Litigation: The Simmering Conflict Surrounding ERC Claims  [Audio]

Is the IRS prepping a legal stew for businesses that filed for Employee Retention Credit (ERC) relief? Host Matt Adams invites Fox Rothschild partner Elizabeth Blickley into the proverbial kitchen for this episode. They...more

IRS Reopens Employee Retention Tax Credit Voluntary Disclosure Program

The ERC is a legitimate, refundable tax credit designed to help businesses that continued to pay employees while they were shut down because of the COVID-19 pandemic or that experienced a significant decline in gross receipts...more

The Presumption of Innocence Podcast: Episode 43 - New Horizons: Impact of Recent Appellate Circuit Rulings on White-Collar... [Audio]

From circuit courts to the Supreme Court, rulings from appellate courts have turned some tried-and-true principles of law on their head in 2024. How have the decisions affected the practice of white-collar criminal defense...more

IRS Begins Processing Some Employee Retention Tax Credit Claims Filed During the Moratorium

The Internal Revenue Service has adjusted its moratorium on processing Employee Retention Tax Credit (ERC) claims, announcing last week it will begin processing claims filed between September 14, 2023 and January 31, 2024. In...more

IRS Increases Pressure on Businesses That Claimed Employee Retention Tax Credits

The Internal Revenue Service (IRS) recently issued a news release identifying five new signs that a business’s Employee Retention Tax Credit (ERC) may be incorrect. It has also begun issuing a third round of letters denying...more

The Presumption of Innocence Podcast: Episode 42 - AI in Criminal Justice: Opportunity or Opportunity for Misuse? [Audio]

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 and...more

The Presumption of Innocence Podcast: Episode 41 - The Dynamics of Decision-Making: Psychology and the Criminal Justice System [Audio]

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...more

The Presumption of Innocence Podcast: Episode 40 - Debunking Courtroom Pseudoscience: A Conversation With the Innocence Project's... [Audio]

It’s a sense of outrage that gets M. Chris Fabricant, Director of Strategic Litigation at the Innocence Project, out of bed every morning. Approximately 2.3 million people are incarcerated at any given time in the United...more

The Presumption of Innocence Podcast: Episode 39 - Unthreading the Silk Road: A Conversation With Author Nick Bilton [Audio]

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...more

Why Some Taxpayers With Unprocessed ERC Claims Should Consider Filing a Refund Lawsuit

With the IRS showing no sign of lifting its moratorium on processing Employee Retention Tax Credit (ERC) claims filed after September 14, 2023, businesses whose unpaid, legitimate ERC claims are older than six months should...more

The Presumption of Innocence Podcast: Episode 38 - A Blueprint for Compliance: The Fraud Pentagon Theory [Audio]

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...more

The Presumption of Innocence Podcast: Episode 37 - Vintage or Trendsetting? The SDNY's Whistleblower Pilot Program [Audio]

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...more

The Presumption of Innocence Podcast: Special Edition | Episode 36 - Rolling Change: The DEA Turns Over a New Leaf on Marijuana... [Audio]

The U.S. Drug Enforcement Administration (DEA) triggered high hopes when it recently announced it wants to accept the U.S. Department of Health and Human Services’ recommendation to reschedule marijuana from Schedule I to...more

The Presumption of Innocence Podcast: Episode 35 - A Double-Edged Sword? The DOJ Confronts AI [Audio]

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 &...more

The Presumption of Innocence Podcast: Episode 34 - A Conversation With Jesse Eisinger, Author of 'The Chickenshit Club: Why the... [Audio]

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's approach in the early 2000s Enron...more

The Presumption of Innocence Podcast: Episode 33 - Framing the Narrative: Journalism's Influence on the Presumption of Innocence [Audio]

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...more

The Presumption of Innocence Podcast: Episode 32 - Celebrating Women’s History Month With WWCDA’s Global Chair and Co-Founder [Audio]

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.”...more

ERC Voluntary Disclosure Deadline Rapidly Approaching on March 22

The March 22 deadline for applying to the IRS Voluntary Disclosure Program (VDP) to repay improperly claimed Employee Retention Credits (ERC) at a discount is just around the corner. The VDP requires businesses to repay only...more

The Presumption of Innocence Podcast: Episode 31 - An Introspective Look at Bridgegate: Bill Baroni’s Journey [Audio]

“Time for some traffic in Fort Lee.” The email that upended Bill Baroni’s life. 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...more

The Presumption of Innocence Podcast: Episode 30 - Why They Do It: Inside the Mind of a White Collar Criminal – A Discussion With... [Audio]

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...more

IRS Identifies Seven ERC Red Flags (and Other ERC Updates)

The IRS recently issued a news release identifying seven signs that a business’s Employee Retention Tax Credit (the ERC) may be incorrect. The IRS identified these warning signs based on feedback from tax professionals and...more

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