If I am interviewed as part of an internal company investigation, can I have my attorney present?
Absolutely, you can you should and you must. You see, Criminal Defense Lawyers like us, we are often called into represent corporations, and we’re often called in to represent individuals who are directors and officers of the corporations. Our roles are very different depending upon who we represent. You need to be represented. You need to be represented … Not by the corporate lawyer, but by your own lawyer who can look out for your interests. I have seen over and over and over in four decades that I’ve been a Criminal Defense Lawyer where corporations really are not loyal to their employees.
As a result the Corporate Lawyer is not either. The Corporate Lawyer is interested in representing the corporation, and the directors and the share-holders and the officers. You need your own counsel and we can help you. If you’re a corporation, if you’re an officer or a director or a shareholder, we can help you as well. Don’t think that simply because you’re an officer or a director, that somehow you’re immune because that is simply not the case. Officers and directors are routinely held liable for criminal violations even if they did not have direct knowledge of the crimes that take place.
I know that sounds bizarre, but the U.S. Supreme Court has said that in certain cases, especially cases involving misbranding of drugs for example, there can be criminal liability, even when you as an officer or director did not have direct knowledge of the criminal conduct.