Investigating Public Corruption in the Federal Government: A Defense Perspective

Outline of Material

1. Big Picture Issues in Investigations
1. Cooperating with AUSAs
2. Getting Average Cases before AUSAs
3. Letting Good Cases Escape
4. Ignoring Allegations of Crimes
5. Be Careful What You Say and Promise
6. Avoiding Outside Influence
2. Conducting Misconduct Investigations
1. Parallel Criminal and Administrative Investigations
2. Retaliatory Investigations
3. Evidentiary Issues
1. Use of Polygraphs
2. Need to Memorialize Changes in Testimony
3. Exculpatory Evidence
4. Giglio Violations
5. Use of Arrests/Pleas/Convictions
4. Proof Issues
1. Nexus
2. Intent
3. Motive
5. Confidential Informants
1. Know What You Are Dealing With
2. Don’t Expose Yourself
3. Attorney Client Privilege Issues
6. Employee Defenses
1. Mistakes in Rights Given
2. Overzealous Investigations
3. Denial of Union Representation
4. Denial of Representation in Violation of Agency Policy
5. Mistakes in Giving Rights to Union Member
7. Constitutionally Protected Rights
1. Press Cases
2. Religious Freedom
3. Freedom of Association

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