Tip of the Month, September 2011 - E-Discovery in Criminal Investigations
30 September 2011
Mayer Brown Newsletter
Scenario A senior corporate executive is under investigation by the Department of Justice for accounting fraud. In the course of discovery, he learns that the investigators and prosecutors secured a warrant to seize a large number of personal emails from an Internet-based electronic mail service. The executive is unsure whether or not the prosecutors can lawfully make use of this material in their investigation or at trial.