Federal Court to Rule On Challenge to Use of Former Officer's Interview Statements in Corporate Internal Investigation (PDF)
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In cases whether allegedly incriminating statements given in the course of interviews during an internal investigation conducted by the Audit Committee with the assistance of outside counsel and forensic accountants should be admitted as evidence against a person in his upcoming trial. Such ruling may significantly impact internal investigations conducted by public companies into potential wrongdoing or issues raised in government investigations.
ROBERT N. RAPP is a partner in the Capital Markets Regulatory, Enforcement and Litigation practice at Calfee, Halter & Griswold LLP, Cleveland, Ohio. His contributions to legal scholarship include numerous published articles addressing securities and financial market regulatory topics, many of which have been cited by state and federal courts, including the United States Supreme Court. He has served on the adjunct faculty of the Case Western Reserve University School of Law, and as Distinguished Practitioner in Residence at the Cornell Law School. Mr. Rapp is a former member of the NASD Legal Advisory Board, and is currently a public member of the Market Operations Review Committee of the Nasdaq Stock Market. He has twice served as Public Chair of the Enforcement Advisory Committee of the Ohio Department of Commerce, Division of Securities. A graduate of Case Western Reserve University (B.A., 1969) and the Case Western Reserve University School of Law (J.D., 1972), Mr. Rapp also holds a Masters of Business Administration from the Cleveland State University School of Business (1989). Mr Rapp authors Matthew Bender’s Blue Sky Regulation and is a contributing author to Federal Securities Act of 1933.
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