Changes Under Rule 41 Will Not Become “the New Normal”

Posted: December 21st, 2016

By David A. O'Neil

David A. O'Neil is a litigation partner at Debevoise & Plimpton based in Washington. His practice focuses on enforcement defense, internal investigations, and advising technology companies on interactions with law enforcement and prosecutors. Prior to joining Debevoise, O'Neil served as head of the Criminal Division at the Department of Justice and as a federal prosecutor in the Southern District of New York. In addition to supervising investigations across the full range of federal law, O'Neil brokered a landmark agreement with major technology companies over the ability to disclose government demands for customer information.

The U.S. Department of Justice has made new changes to Rule 41 of the Federal Rules of Criminal Procedure, changing venue provisions for obtaining a search warrant. The Cipher Brief sat down with David O’Neil, a Partner at the firm Debevoise & Plimpton and former acting Assistant Attorney General of the Criminal Division at the Department of Justice, to discuss was these changes mean, the rationale behind them, and their likely implementation during FBI investigations into online crime.

The Cipher Brief: What do the amendments to Rule 41 of the Federal Rules of Criminal Procedure entail?

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