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The Current Climate of White Collar Criminal Defense

Criminal cases come in all shapes and sizes in regulatory and business garb. They are not neatly labeled and packaged.  The consequences of all of these inquiries—private and public—can be fatal if not carefully and thoughtfully managed by experienced criminal lawyers.

Currently, there are 1,400 full-blown investigations underway in the country.  This current hysteria will make Enron look like child’s play.  Congress is considering spending $700 billion and the taxpayers want someone hung from the next tree. The citizen calls on the Hill are running 400-1 against the bailout legislation. The DOJ has sent document freeze letters to all agencies and institutions involved and the SDNY has issued Grand Jury subpoenas. The investigative committees on the Hill are sure to follow.

Why? This entire crisis is under a massive criminal/congressional investigation and the atmosphere is poisonous. That means every executive of every company or agency under inquiry can expect to be interviewed by someone who is working with or for the FBI. For example, suppose today, an internal auditor in a banking entity wanted to interview the former CEO about a deal with an investment banking house. These are complicated matters in a toxic environment that require counsel because how you behave during an inquiry is more important than the subject under inquiry.

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