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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.

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