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

Doctors - Beware of Consequences of Insurance Fraud

By Darren M. Gelber |   Aug. 22, 2013

Healthcare practitioners face the potential of substantial financial penalties and sanctions when they engage in fraudulent activity. Healthcare claims fraud is a serious criminal offense, and can also result in the imposition of civil sanctions. In addition, practitioners who are found guilty of fraudulent activity risk the potential revocation or suspension of their license to practice. A recent decision by an Administrative Law Judge sets out the range of potential consequences.

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Topics : Fraud, Health Care | 1 Comment Read More

NJ Supreme Court establishes procedure for prosecutors to subpoena public defender applications

By Darren M. Gelber |   May. 16, 2013

In New Jersey, individuals accused of crimes who cannot afford an attorney are fortunate to be able to request representation by the New Jersey Office of the Public Defender. The Office of the Public Defender is comprised of highly skilled and trained attorneys very experienced in representing clients in all phases of criminal proceedings. Although many criminal defendants have a mis-perception that public defender attorneys are not as skilled or experienced as private counsel, those of us who practice in the Criminal Defense Bar know that the opposite is true. The public defenders who labor tirelessly day in and day out in this State’s trial courts are among the best criminal defense attorneys in the State.

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To Waive or Not to Waive, That is the Question

By Darren M. Gelber |   Feb. 12, 2013

An article that I co-wrote in collaboration with my partner, Ellen Torregorssa-OConnor, about whether health care providers who routinely waive patient co-pays and coinsurance payments face possible prosecution for fraud, appears in this month's issue of New Jersey Lawyer Magazine. You can read the article by clicking here. (Reprinted by permission of the New Jersey State Bar Association)

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