PARALLEL INVESTIGATIONS
Assessing the Scope of Discovery and Preserving the Right Against Self-Incrimination
Whitman G.S. Knapp
Deputy Chief, Business & Securities Fraud Section
United States Attorney’s Office, Eastern District of New York
David M. Eskew
Chief, Health Care & Government Fraud Unit
United States Attorney’s Office, District of New Jersey
John Vagelatos
Chief, Affirmative Civil Enforcement
United States Attorney’s Office, Eastern District of New York
Since 2012, the Holder Memo mandated collaboration between civil and criminal enforcement actions “to the fullest extent appropriate to the case and permissible by law”. In response, defense counsel quickly turned their focus to discovery challenges resulting from parallel investigations. This panel will explore various stakeholder’s perspectives on the obstacles and dilemmas resulting from parallel investigations.
- Reviewing the DOJ’s recent policy advising against “piling on”
- Understanding the ramifications of the call for civil and criminal US Attorneys to coordinate with one another in parallel investigations in order to ensure fair outcomes proportionate to the wrongdoing at hand
- Assessing the administration’s focus on streamlining the enforcement of the FCA