Law Journal Newsletters

An ALM Website

BUSINESS CRIMES BULLETIN

December 2005

Statements During Settlement Negotiations As Evidence in a Criminal Trial

By Michael E. Clark

Your client, a corporate executive, is being investigated in connection with whether the stock of her employer was artificially inflated. The company is in a "full cooperation mode" with the SEC and the DOJ, and is negotiating the terms of a consent decree. You learn that the company's attorneys have met with DOJ and SEC attorneys and have admitted (as they felt was necessary to maintain credibility) to certain wrongdoing by various corporate employees. Can the company's statements during negotiations be used against your client, or are they protected by Rule 408 Fed. R. Evid.?

Log In

Subscribers: Log in below to read the full story

Already subscribe but haven't registered for all the benefits of the website?

Subscribe

Click below to subscribe to
BUSINESS CRIMES BULLETIN

Subscribe

Pay-Per-View

You can purchase this article for $20.00
Click below

Purchase Article