A Podcast About Representing Executives in Internal Investigations Featuring . . . Me

November 15, 2016

By: Sara Kropf

Sometimes I’m asked whether this blog has led to clients. That’s a hard question to answer. The simple answer is probably no. I don’t write this blog for SEO purposes, and I don’t write it for the person-on-the-street. Most of my readers are lawyers, and white-collar defense lawyers to boot. Nobody has ever called me to say, I read your blog, I want to hire you.

But, writing this blog has all sorts of other benefits. It helps me keep up with current cases, and it forces me to learn things all the time. I use it to keep in touch with clients through my monthly newsletter, too.

Most important, though, being a blogger has introduced me to other bloggers in this realm. We read comment on each others’ posts, meet at conferences and enjoy common ground in the grind (and joy) of blogging.

Recently, I was lucky to talk with Tom Fox, who has a great blog, focused on FCPA matters. It is called, aptly enough, the FCPA Compliance Report. Tom asked me if I’d like to be on his podcast about issues arising in representing individuals in internal investigations. I was happy to volunteer.

Here’s a link to the final podcast, for your listening pleasure.

We spent some time talking about the effects of the Yates Memo, which I’ve written about before.

Here’s Tom’s description of what we discussed:

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?

All in all, I had a great time participating, and I hope you enjoy listening to the podcast. Many thanks to Tom!

Published by Kropf Moseley

Whether you need to take a case to trial, negotiate a resolution without ever setting foot in the courtroom, or navigate a complex public relations problem, we can help. View all posts by Kropf Moseley.