Robert Mueller III is the Director of the FBI. He has 36,074 employees, 13,913 special agents, but he calls the shots. And if a shot across your client’s bow is going to come, he’s the man who brings the misery down on us. So if you advise clients, Boards of Directors, Legal Counsel, etc. on what’s coming down the road, no need to read tea leaves, just listen to The Man. And he has spoken.
Director Mueller spoke in Miami April 2, 2012 and today, almost one year later, I can say with certainty that his speech is the most important roadmap for White Collar Criminal defense lawyers to use in counseling our clients. Read his speech and you’ll see that the FBI and SEC and FINRA and most of the FCPA and Patriot Act prosecutions we’re dealing with over the last year were foreseeable. So if you advise corporate clients on white collar matters, if you assist clients in setting up internal controls, investigations and advisories, line up your caseload and re-read his April 2, 2012 speech. I’ll bet you an amount equal to your past year’s parking fees at U.S. Federal Detention Centers (visiting your in-custody clients), that the roadmap was published. As is said “govern yourself accordingly”.
And here is the list extracted from Director Mueller’s speech:
1. Money laundering
2. Health Care Fraud
3. Mortgage Fraud
Followed by….corporate and securities frauds and Foreign Corrupt Practices Act (FCPA) prosecutions, both civil and criminal.