The four areas of federal criminal discovery (Brady, Giglio, Jencks, and Rule 16) was very confusing and challenging for new and even experienced litigators. This presentation will discuss the major principles of each area, as well the expectations from Judges in EDVA. For any litigator, this presentation will be a good introduction or reminder of what each side is responsible for in a criminal proceeding, such as a motions hearing, trial, and sentencing.
Hon. Leonie M. Brinkema
Judge
U.S. District Court for the Eastern District
Judge Brinkema has served on the U.S. District Court for the Eastern District of Virginia since October 1993, during which time she has presided over several high-profile national security and terrorism cases, including United States v. Zacarias Moussaoui, the only civilian trial addressing the September 11, 2001 attacks on the United States, as well as handling numerous cases involving intellectual property issues.
Before becoming a district court judge, she was a U.S. magistrate judge, served as an Assistant U.S. Attorney in the Eastern District of Virginia, and was in private practice. She began her legal career with the Department of Justice as a trial attorney in the Criminal Division, first in the Honors Program in the Public Integrity Section and later in the Office of International Affairs.
Judge Brinkema received her J.D. cum laude from Cornell Law School in 1976, her Masters Degree in Library Service from Rutgers University Graduate School of Library Service in 1970, and her B.A. in Philosophy with honors from Douglass College in 1966. She also attended New York University and the University of Michigan for graduate studies in philosophy. She has received several awards and honors; including the Douglass Residential College Award for Outstanding Public Service; the Colby College Morton A. Brody Distinguished Judicial Service Award; the University of Virginia School of Law William J. Brennan, Jr. award; named a Rutgers University Distinguished Alumni; membership in the Douglass College Society; Phi Beta Kappa; a Woodrow Wilson Foundation Graduate Fellowship; and a Danforth Foundation Graduate Fellowship.
Gene Rossi
Of Counsel
Carlton Fields
With nearly three decades of criminal and civil litigation experience at the United States Department of Justice (DOJ), Gene Rossi leverages the skills he honed as a renowned federal prosecutor to primarily concentrate on matters relating to criminal defense and government investigations. His most notable matter included OCDETF Operation "Cotton Candy," the largest opioid investigation in DOJ history-- with more than 200 convictions of doctors, pharmacists, nurses, patients, and dealers. As part of Cotton Candy, Gene had numerous EDVA trials, including two lengthy jury trials against a prominent pain management doctor (William Hurwitz), who prescribed 1,200 oxycodone pills daily to one patient alone. Gene's two Dr. Hurwitz trials and other Cotton Candy matters served as the basis for a 2016 Hollywood documentary ("Dr. Feelgood").
Gene's other prominent matters during his distinguished DOJ career included a major civil tax trial against a Chicago alderman, the OCDETF trial of a violent murderer (more than 30 deaths), and the prosecution of Commanding General Sekouba Konate of the 54-nation African Union, who pleaded guilty to charges of false statements and smuggling cash into the United States that he had received when he was President of Guinea.