Michael Kelly and Douglas Paul wrote an article for Bloomberg Law titled, “INSIGHT: Judge’s Concerns Over DOJ ‘Outsourcing’ Investigations Could Bring Changes,” analyzing the process by the Department of Justice to outsource corporate investigations of companies that it’s investigating, and a New York federal judge’s concerns over the practice. Specifically, in United States v. Connolly, the judge pointed out whether the DOJ’s coordination with a bank resulted in a constitutional violation when the DOJ later indicted two of the bank’s employees.
The authors elaborated, “Prosecutors across the Justice Department reacted quickly to the decision. Within days, several denied their offices ‘direct’ corporate internal investigations. If other judges agree with Judge, it could potentially inhibit DOJ’s ability to prosecute individuals in some corporate cases.”