Forbes Magazine featured an article by Nathan Burney regarding lessons to be learned by corporate executives who face potential criminal charges when their company comes under fire. Mr. Burney's involvement in the Bear Stearns investigation -- and the fact that his client avoided indictment -- was one of the reasons behind Forbes' seeking his advice for corporate executives. The two Bear Stearns executives who were indicted ultimately obtained acquittals from a jury, but only after a lengthy and expensive prosecution and jury trial.
The article contains three "Lessons" learned from the Bear Stearns matter and sage advice for corporate executives to be pro-active when federal prosecutors come knocking on the company's door. One focus of the piece is that preventing an indictment should be the main early objective, even if a corporate insider believes that he or she has nothing to worry about.
Issues regarding the interface between the government and the corporation -- and how that could affect the executive -- are detailed in the article.
Nathan Burney is a member of the Criminal & White Collar Defense Group at Quadrino Schwartz.