In this episode, I visit with white collar defense specialist Sara Kropf, founder of the Kropf Law Firm. She discusses defending corporate executives and employees who are caught up in corporate internal investigations which may be turned over to the government. She discusses how the Yates Memo has changed the relationship between such employees, their counsel and the company. She blogs at Grand Jury Target blog.

Some of the issues we explore include the following.

  1. What are the obligations of inhouse counsel to inform an employee of his or her potential 5th amendment rights before an interview?
  2. Does the DOJ emphasis on internal investigations turn outside counsel to a de facto arm of the government for criminal procedure purposes if there is a chance the internal investigation will be disclosed to the government?
  3. What should a company do if the DOJ instructs them to stand down and allow the government to interview an employee?
  4. What should a company do if an employee refuses to answer questions or even meet with internal investigators?
  5. What happens is an employee who refuses to meet with company investigators runs to the government to either (1) present their own version of the facts to the DOJ or (2) cut a deal to avoid or lessen prosecution?
  6. What are the different types of proffers?
  7. Why indemnification is critical for senior executives and employees?