FCPA saga against Indian officials- Process v. reality?!
MLATs: They Are Not Just For DOJ Any More (Maybe) May 17, 2024 Today’s post is from Sara Kropf . A shorter version of this post was published by Bloomberg News on May 14, 2024. (See here). I’ve written before about the Department of Justice’s questionable tactics in an FCPA case against two former executives for Cognizant Technology Solutions. The two executives eventually lost their bid to suppress certain statements made during an internal investigation interview by the company. But they continue to battle DOJ. Their efforts led the trial judge to take the extraordinary step of effectively forcing DOJ to help the defense secure exculpatory overseas evidence through a mutual legal assistance treaty or MLAT. The case is an example of how a trial judge can exercise discretion to help ensure a fair trial simply by refusing to take what DOJ lawyers say at face value. It’s also a master class in persistent lawyering; by refusing to abandon the b...