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"Deputizing Company Counsel as Agents of the Federal Government"

Imagine you're a company's lawyer.  Federal prosecutors tell you that your company is under investigation, and that if the company does not cooperate, they'll Arthur Anderson you.  Guilt or innocence doesn't matter, as we saw in the Arthur Anderson case: AA was innocent, and ultimately vindicated in the United States Supreme Court.  Vindication does not revive a company, however, so you know an indictment might be enough to kill your client.  You agree to cooperate with the government.  You soon learn that "cooperating" means: waiving the attorney-client privilege; spending the company's own money to hire private investigators; refusing to comply with contractual obligations you have with your employees; betraying loyal employees who acted according to company policy...continue to full post

Full post as published by Crime & Federalism on July 28, 2008 (boomark / email).