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Andrew Wise Comments on Two Former Cognizant Executives Facing Bribery Charges in Bloomberg Law

"Ex-Cognizant Execs Challenge DOJ Corporate Cooperation Strategy"

Bloomberg Law

Andrew Wise commented in Bloomberg Law on the ongoing litigation involving two ex-Cognizant executives challenging the circumstances of the company's investigation of bribery allegations and provision of information to the U.S. Department of Justice (DOJ) that is now being used in DOJ's prosecution of the executives. The executives have accused the government of outsourcing its investigation to the company, claiming that statements they made in interviews with company counsel ought to be excluded and that the government must search the company's files for exculpatory material that must be produced under Brady. If the executives succeed, the government may need to delineate boundaries more carefully when interacting with cooperating companies and it could impact how companies conduct internal investigations. Wise noted that the judge's resolution of the issue is likely to be highly fact-specific, so "it isn't as though a pro-defense ruling would automatically compel the conclusion that defendants in different circumstances will prevail." Still, however, he described the notion that a judge was considering if the investigation was truly independent as "pretty remarkable."