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.

Vol. 2021 No. 2

Vol. 2021 No. 2 (2021)

Published: Aug 23, 2021

Introduction

CBLR Editorial Board

Synthetic Governance

Byung Hyun Ahn, Jill E. Fisch, Panos N. Patatoukas, Steven Davidoff Solomon

Modernizing Odd Lot Trading

Robert P. Bartlett, III

FAQS Re: FFPS

Frequently Asked Questions About Federal Forum Provisions

William B. Chandler III, Joseph A. Grundfest, Virginia F. Milstead, Peter B. Morrison

Distributed Ledger Technology and the Securities Markets of the Future

A Stakeholder Survey

Merritt B. Fox, Lawrence R. Glosten, Edward F. Greene, Sue S. Guan

The Need for a Comprehensive Approach to Capital Markets Regulation

Edward F. Greene, Evan S. Gabor, Sonia Katharani-Khan, Jacqueline Mijin Kang

The Future of Securities Law in the Supreme Court

A.C. Pritchard, Robert B. Thompson
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