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.

Episode 83

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.

Episode 82

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-Assistant 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.

Episode 81

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.

Episode 80

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.

Episode 79

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.

Episode 78

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.

Episode 77

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.

Episode 76

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.

Episode 75

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.

Episode 74

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.

Episode 73

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.

Episode 72

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.

Episode 71

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.

Episode 70

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.

Episode 69

Unpacking Cashless Bail: Equity vs. Public Safety

The debate over cashless bail has intensified following an 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 fights against the cash bail system and provides cash bail to those for whom it's not accessible. Ken is a board member of the Professional Bondsmen 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.

Episode 68

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.

Episode 67

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.

Episode 66

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.

Episode 65

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.

Episode 64

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.

Episode 63

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.

Episode 62

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.

Episode 61

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.

Episode 60

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.

Episode 59

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.

Episode 58

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.

Episode 57

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.

Episode 56

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 & Government Investigations 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 lodged against him.

Episode 55

The Power of the Presidential Pardon: Traditions and Turning Points

Recent pardons issued by presidents of both major parties, wielded both to reward and protect, are unprecedented in their purposes.

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 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.

Episode 54

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.

Episode 53

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.

Episode 52

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.

Episode 51

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.

Episode 50

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

Episode 49

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.

Episode 48

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. 

Episode 47

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.

Episode 46

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 information in this podcast is intended to inform firm clients and friends about legal developments, including the decisions of courts and administrative bodies. Nothing in this podcast should be construed as legal advice or a legal opinion. Readers should not act upon the information contained in this podcast without seeking the advice of legal counsel. Views expressed are those of the participants and not necessarily this law firm or its clients. Prior results do not guarantee a similar outcome.

Episode 45

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.

Episode 44

A Recipe for Litigation: The Simmering Conflict Surrounding ERC Claims

Is the IRS prepping a legal stew for business 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 discuss where the program currently stands and how, nearly a year to the day since the ERC moratorium was put in place by the IRS, some companies’ relief claims are being put on the backburner by IRS bureaucracy.

Get a refresher on recent ERC developments, including court case outcomes, the reopened IRS ERC Voluntary Disclosure Program, and what to do if your business receives an IRS recapture letter.

You’ll also hear predictions on pending ERC-related Congressional bills and how the IRS may be baking up lawsuits for companies that filed for ERC relief.

The information in this podcast is intended to inform firm clients and friends about legal developments, including the decisions of courts and administrative bodies. Nothing in this podcast should be construed as legal advice or a legal opinion. Readers should not act upon the information contained in this podcast without seeking the advice of legal counsel. Views expressed are those of the participants and not necessarily this law firm or its clients. Prior results do not guarantee a similar outcome.

Episode 43

New Horizons: Impact of Recent Appellate Circuit Rulings on White Collar Criminal Defense Law

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 law?

Morgan McCall Reece, a former state and federal prosecutor who recently joined Fox Rothschild, digs into these cases with host Matt Adams.

Listen as Morgan offers a valuable insider perspective on how appellate courts are reshaping the law, including the implications for sentencing guidelines, geofencing and agency deference.

The information in this podcast is intended to inform firm clients and friends about legal developments, including the decisions of courts and administrative bodies. Nothing in this podcast should be construed as legal advice or a legal opinion. Readers should not act upon the information contained in this podcast without seeking the advice of legal counsel. Views expressed are those of the participants and not necessarily this law firm or its clients. Prior results do not guarantee a similar outcome.

Episode 42