Privatized Prosecution: The Outsourcing of White Collar Criminal Investigations to Big Law and Its Fifth Amendment Implications

Gregory Wang

SDNY Judge McMahon was not exactly pleased with the DOJ despite a wire fraud conviction in U.S. v. Connolly, because they did not quite do what prosecutors are typically supposed to do: develop a prosecution. Instead, the prosecutors had “outsourced” this hard labor to New York law firm Paul Weiss, which had conducted the internal investigation at the defendant’s employer, Deutsche Bank.

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