NCJ Number
88000
Editor(s)
N A Kaplan,
P L Friedman,
R S Bennett,
H C Trainor
Date Published
1981
Length
956 pages
Annotation
This volume offers an up-to-date and comprehensive research tool for lawyers faced with problems when criminal and administrative agency investigations coincide.
Abstract
The need for such a guide to coping with parallel investigations arises from the Government's increased efforts to combat corporate crime: over 20 Federal agencies with enforcement officers are now empowered to investigate corporate conduct and consider referral to the Justice Department for possible criminal prosecution. To assist counsel in recognizing the interrelationships between parallel investigations, the text explains the civil and criminal implications of parallel proceedings on corporations and their officers, describes agency enforcement programs, and outlines strategies for responding to the investigations. The nature of the criminal investigations and grand jury proceedings are distinguished from administrative agency investigations. Reference is made to theories of criminal liability, corrupt organizations statutes, the Foreign Corrupt Practices Act, and appropriate strategies before grand jury investigations. Also discussed are internal corporate investigations. Specific problems arising from and limitations of parallel proceedings related to issues of withholding privileged information; the scope and limits of sharing information among agencies, between agencies and the grand jury, or with foreign governments; collateral estoppel; staying parallel, non-criminal proceedings; and collateral consequences and global settlements. Extensive footnotes are provided with individual chapters.