By: Sara Kropf The federal case against former Massey CEO Donald Blankenship has taken a rather unexpected turn—a sweeping gag and sealing order that effectively prevents anyone from following the case. I was hoping to cover this case in some detail by analyzing the...
The Opening Statement for this Prosecution Writes Itself: The Indictment of Massey Energy CEO
By: Sara Kropf As a general rule, the government does not indict CEOs of big companies. No one really wants to say that out loud—at least on the government’s side of the aisle—but it’s true. It is usually difficult for the government to prove a link between a CEO...
When Criminal Law and the First Amendment Meet: Can Internal Investigation Reports Be Defamation?
By: Sara Kropf At the end of an internal investigation, outside counsel frequently prepares a written report. That written report may be for the Board of Directors only or it may be passed along to the Department of Justice. In the report, the company has every...
Is This The First Domino to Fall in FCPA Case? French Citizen Pleads Guilty to Obstruction in Foreign Bribery Case
By: Sara Kropf A French citizen appeared in a Manhattan federal court on March 10, pleading guilty to obstructing a government investigation into bribes paid to secure mining rights in Guinea. Mr. Frédéric Cilins, a 51-year-old businessman, had been arrested during an...
You Say “Committee,” I Say “Subcommittee”: District Court Calls Off Obstruction Charge Against BP Executive
By: Sara Kropf On May 20, 2013, Judge Kurt Engelhardt of the Eastern District of Louisiana dismissed the obstruction charge in the indictment against David Rainey, a former vice president at BP involved in the Deepwater Horizon spill. The 44-page decision dismissed...
“WE CAN NOT LOOSE [sic] THIS PROJECT!” Three Former Power Company Execs Charged in Indonesian FCPA Case
By: Sara Kropf The number of former executives of a French power and engineering company indicted for FCPA violations is up to three. William Pomponi and Frederic Pierucci recently joined David Rothschild as defendants based on their supposed involvement in a scheme...