CORPORATE EXECUTIVES IN THE CROSS-HAIRS: U.S Department of Justice Amps Up Quest for Individual Accountability for Corporate Misdeeds

By Ellen Torregrossa-O'Connor |   Sep. 22, 2015

This month, the United States Department of Justice issued an unambiguous directive to its army of white-collar prosecutors – hold individuals accountable. By publishing its “new” internal policies to the New York Times, it appears that the Justice Department is taking aim to shift increasing public perception that the government spares corporate executives regardless of the carnage left in the wake of their wrongdoing. Although many of the memo’s directives simply provide a re-boot of existing policies, some new measures are specifically designed to prevent culpable individuals from escaping the consequences of their corporate misconduct.

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Topics : Corporate Liability, Internal Investigations, Federal Investigations, White-collar Crime | 0 Comments Read More

Use of General Counsel as Informant Against Corporate Client – A Reminder of the New Era in Aggressive White Collar Investigative Techniques and of the Limitations of the Attorney-Client Privilege

By Ellen Torregrossa-O'Connor |   Mar. 27, 2015

The use of more aggressive investigative techniques in white-collar corporate probes in the aftermath of the last financial crisis is no secret. Over the last decade, law enforcement has increasingly resorted to investigating financial crimes through methods more typically reserved for ferreting out organized crime, terrorism, and drug cartels. Indeed, wiretaps and confidential informants have become regular weapons in the Government’s arsenal. The recent news, however, that a New Jersey District Court will now allow secret recordings made by a General Counsel of his conversations with the company’s CEO stands as a sobering reminder of the new era in the war against financial crime and of the boundaries of attorney- client confidentiality in the corporate setting.

The referenced case involves the former General Counsel of PetroTiger Ltd., who turned government informant and secretly recorded a conversation with Petro Tiger’s CEO during which the CEO allegedly acknowledged a scheme to bribe a foreign official in order to secure a lucrative business contract.

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Topics : Attorney-Client Privilege, Fraud, White-collar Crime | 0 Comments Read More

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