Verteidigungsrechte in den USA
ABA doppelt im Kampf um die Verteidigungsrechte (Stichwort: Thompson Memorandum) in den USA nach (s. meinen früheren Beitrag) und fordert in einer neuen Eingabe folgendes:
In the context of responding to government inquiries into possible wrongdoing on the part of its personnel, it is legitimate and in the public interest for an organization seeking leniency as a result of its cooperation with the government’s investigation to choose to do any or all of the following:
- provide counsel to an employee or agree to pay an employee’s legal fees and
expenses;- enter into or continue to operate under a joint defense, information sharing and common interest agreement with an employee or other represented party with whom the organization believes it has a common interest in defending against the investigation;
- share its records or other historical information relating to the matter under investigation with an employee or other represented party; or
- choose to retain or otherwise decline to sanction an employee who exercised his or her Fifth Amendment right against self-incrimination in response to a government request for an interview, testimony, or other information.
Gefunden bei White Collar Crime Prof Blog und bei WSJ.com on law and business and the business of law.
