New Methods of Financial White-Collar Criminal Investigation and Prosecution: The Spillover of Wiretaps to Civil Enforcement Proceedings

Abstract

To have a proper understanding of the questions presented by the Rajaratnam cases, a basic understanding of the criminal and civil cases is necessary. Accordingly, Part II will briefly discuss the facts of the two cases, the investigation, and relevant court rulings. Part III will briefly discuss the history and relevant provisions of Title III of the Omnibus Crime Control and Safe Streets Act , the “comprehensive scheme” for regulating the authorization and disclosure of wiretaps. Part IV will discuss the primary theories the SEC could have used to obtain wiretap recordings for use in its civil enforcement proceeding, namely disclosure from the U.S. Attorney’s Office and from the civil defendant. This Part will also discuss timing as a factor for disclosure. Finally, in Part V, I will conclude with policy recommendations regarding how the issue can be more clearly resolved by congressional action and what the SEC can do to increase the likelihood of disclosure during discovery or otherwise.