The Champion

June 2007 , Page 54 

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White Collar Crime

By Kathryn Keneally; Kenneth Breen; Thomas Fallati

Read more White-Collar Crime columns.

Responding to Government Leaks

A defense attorney receives a call from a reporter seeking the attorney’s comment on what was purportedly a non-public investigation. The client has not been indicted, but may now be compelled to respond to accusations arising from a grand jury investigation. The defense attorney suspects that the government leaked information to the media, but the attorney now faces difficult choices and challenges.

Defense attorneys are likely to face this scenario more often as media interest in criminal investigations intensifies. Of course, the public has always been riveted by high-profile cases. Increasingly, however, criminal investigations of all kinds, including complex white collar matters, garner headlines and media attention.

In this atmosphere, the incentive for the government to leak information is high. A leak permits the government, without bearing the burden of proof of a court proceeding, to suggest that an individual is guilty

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