Wiretaps in Corporate Board Rooms?


“The idea of wiretaps in corporate board rooms sends shivers down every director’s spine. It should. The Justice Department no longer views white collar crime as different than organized crime, gangs or drug trafficking…

It is only a matter of time until an FCPA case is prosecuted using wiretaps. Federal agents have used every tactic up to the point of wiretaps – undercover officers, telephone recordings (over 5000 in the Shot Show sting case), videotaped meetings, one-party consent recordings, ambush interviews and search warrants.

For in-house counsel and compliance officers, there is one important message that must be communicated inside an organization – it is risky for any director, officer or employee to discuss with any outside party any sensitive topics relating to the FCPA [Foreign Corrupt Practices Act] or any other legal compliance issue…

From The FCPA and Wiretaps, commentary by new JD Supra contributor Michael Volkov, white collar defense attorney and partner at law firm Mayer Brown.

Additional FCPA publications by Mr. Volkov:

…among others.