NCJ Number
62378
Date Published
1979
Length
17 pages
Annotation
ATTORNEYS OF CLIENTS BEING PROSECUTED FOR WHITE-COLLAR CRIMES HAVE THE DIFFICULT TASK OF CONVINCING THESE CLIENTS THAT THEY MAY BE THE TARGET OF A CRIMINAL INVESTIGATION.
Abstract
SUCCESS IN NEGOTIATING FOR AND ADVISING A TESTIFYING WITNESS MAY DEPEND ON SETTING AND PRESERVING AN ISSUE FOR APPELLATE INTERVENTION RATHER THAN SEEKING A BARGAINED DISPOSITION. THE ATTORNEY MUST ALSO AVOID THE DANGERS OF PERJURY AND CONTEMPT FOR WITNESSES AND SHOULD SEEK TO PRESERVE ESSENTIAL RIGHTS. HE MUST TRY TO CONVINCE CLIENTS, WHO ARE ACCUSTOMED TO BEING SEEN AS RESPECTABLE MEMBERS OF THE BUSINESS COMMUNITY, THAT THEY (1) ARE POSSIBLE CRIMINALS AND (2) HAVE TRAITS WHICH MAY MAKE THEM CAPABLE IN THE BUSINESS WORLD BUT COULD BE DETRIMENTAL IN THE INVESTIGATION. IF, IN A GRAND JURY PROCEEDING, THE CLIENT IS SUBPOENAED TO GIVE TESTIMONY, THE ATTORNEY SHOULD NEGOTIATE FOR IMMUNITY. HOWEVER, BECAUSE WHITE-COLLAR CRIMINALS ARE USUALLLY BUSINESSMEN OR PROFESSIONALS, AND BECAUSE THE LIKELY OBJECT OF INVESTIGATION IS A FRAUD-RELATED CRIME, IT IS MORE LIKELY THE SUBPOENAED CLIENT WILL HAVE TO PROVIDE PHYSICAL EVIDENCE. ATTORNEYS WHO ARE ADVISING THEIR CLIENTS ON SURRENDERING SUBPOENAED RECORDS SHOULD KNOW THE EXTENT OF FIFTH AMENDMENT PRIVILEGE AND THE DIFFERENCES BETWEEN BUSINESS AND PERSONAL RECORDS, THE REQUIRED RECORDS EXCEPTION TO PERSONAL RECORDS, REQUIREMENTS OF AUTHENTICATION AND IDENTIFICATION, TESTIMONIAL AND INCRIMINATING ACTS OF PRODUCTION, AND THE SCOPE OF ATTORNEY-CLIENT PRIVILEGES. SEVERAL CASE STUDIES ARE PROVIDED AS ARE ADDRESSES FOR PERTINENT INFORMATION. A DETAILED OUTLINE IS PROVIDED OF CASES ON CHALLENGING THE INDICTMENT IN TERMS OF THE EVIDENCE, BREACHES OF GRAND JURY SECRECY, PROSECUTORIAL MISCONDUCT, AND THE COMPELLING PRODUCTION OF GRAND JURY TRANSCRIPT. (AOP)