Our offices are being searched by law enforcement officers. Do
not obstruct the search. The officers have a legal right to certain
items and documents related to the warrant.
We are complying with the warrant. You should be cooperative
and assist law enforcement in locating relevant files. However,
please do not "consent" to any search or sign any
documents on behalf of the company.
For example, if an officer asks where documents are located,
feel free to show her. On the other hand, if the officer asks you
how the documents were created or what they mean, you are under no
obligation to answer. Merely show the officer the documents without
Please refrain from using social media (Twitter, Facebook,
etc.) to disseminate any information about law enforcement's
presence at our Company.
Any questions from the press should be immediately referred to
[ ]. Do not make any statement other than "Please call [ ]
about this matter."
Law enforcement officers may ask you to answer their questions.
It is your choice whether to submit to an interview. You are under
no legal obligation to do so; but if you choose to respond, the
Company's lawyers have a right and have requested to be present
at any interview with a company employee.
If you do grant an interview to the investigating officers,
anything you say can be used against you in a criminal prosecution
or in a civil enforcement proceeding. If you decide to be
interviewed please inform the agents of the company's request
for its lawyers to be present.
Charges against two former Eli Lilly scientists were dismissed by the federal government. According to court documents, the two were accused of wire fraud for allegedly leaking proprietary information about experimental drugs and providing the data to a Chinese drug maker.
On November 7, 2014, the Department of Justice ("DOJ") issued a Foreign Corrupt Practices Act ("FCPA") Opinion Procedure Release 14-02 (the "DOJ Opinion") that provides real-world guidance on DOJ’s application of FCPA successor liability principles.
Ernest Badway was quoted in the Forbes article, "Attention Insider Traders: These Wall Street Vets May Have the Tech to Nail You." Full text can be found in the December 2, 2014, issue, but a synopsis is below
The Department of Justice and the Securities and Exchange Commission jointly issued a 120-page "resource guide" to the Foreign Corrupt Practices Act in November 2012, which confirms the DOJ's and the SEC's narrow view of several key defenses under the FCPA.