Corporate Prosecution: Double Standard or Government Weakness

In an interesting article in The New York Times, dated today, writer Jesse Eisinger discusses the Justice Department’s recent efforts to prosecute wrongdoing by large banks.  Specifically, Credit Suisse and BNP Paribas have been charged criminally with violations of federal criminal statutes.  While no large American banks or bankers have been charged since the financial […]

U.S. Court Suppresses Evidence Based on Attorney Misconduct

A U.S district court in Los Angeles suppressed incriminating statements made by a defendant in a prosecution alleging impropriety in a company’s granting of stock options. In the case of U.S. v. Ruehle, et al., the court found that the attorneys representing Broadcom Corporation and its CFO William Ruehle had violated the attorney client privilege. […]

DOJ Increases Prosecution of Corruption by American Companies Overseas

The federal government is increasingly bringing criminal charges focusing on corruption overseas. Most often considered is prosecution under the Foreign Corrupt Practices Act (“FCPA”). In the typical FCPA scenario, a corporate officer pays a bribe to a foreign official. Equally important although less often considered by corporate officers is the increased use of standard mail/wire […]