Archive for August, 2010

Internal Investigations: Branded a Corporate Criminal. Part 2 – The risk of talking to law enforcement

Posted on August 20th, 2010 by David Smith

Many business executives believe if they have done nothing wrong, they should agree to be interviewed by law enforcement if requested to do so as part of an internal or criminal investigation.  Experienced white collar attorneys know better; even the truly innocent have much more to lose than they can gain by agreeing to be interviewed without the assistance of counsel.  The risks business executives face during law enforcement interviews increased this June when the United States Supreme Court effectively expanded law enforcement officers’ rights to obtain incriminating evidence through custodial interviews. (more…)

H-P CEO Case Highlights Role of Internal Investigations

Posted on August 19th, 2010 by admin

The road from hero to villain can be short.  Mark Hurd, the highly successful CEO of the world’s biggest computer manufacturer, was forced to resign earlier this month following an internal investigation of his relationship with a Hewlett-Packard marketing consultant.  According to reports, H-P’s internal investigation found no evidence that Mr. Hurd harassed an actress the company hired to work at corporate marketing events.  It did, however, find that Mr. Hurd had filed inaccurate expense claims relating to meals with the woman, travel and, in one case, fees for a corporate appearance by the actress. (more…)

Former Illinois Governor Rod Blagojevich convicted of just one of 24 counts

Posted on August 17th, 2010 by Sam Kauffman

A Northern District of Illinois federal jury, after fourteen days of deliberations, reached a decision on only one of twenty four counts brought against former Illinois Governor Rod Blagojevich.  The jury found Blagojevich guilty of count 24 which alleged that Blagojevich violated 18 U.S.C. §1001(a)(2) by telling the FBI on March 16, 2005 that: (i) he tried to maintain a firewall between politics and government; and (ii) he did not track, or want to know, who contributed to him or how much they were contributing to him.  (more…)

New Extradition & MLAT’s Broaden Prosecutorial Reach of U.S.

Posted on August 12th, 2010 by David Smith

The United States and European Union have entered into new extradition and Mutual Legal Assistance Agreements (“MLAT’s”) that greatly increase the prosecutorial reach of the United States government.  A total of 56 new treaties became effective on February 1, 2010. See, DOJ’s February 1. 2010 press release.   (more…)