In The Anti-Corruption Report, Litigators Examine the Disclosure of Exculpatory Evidence in Parallel Civil and Criminal Investigations

In The Anti-Corruption Report, litigation & enforcement partner Ryan Rohlfsen, and associates Michael Marzano, Sean Adessky and Brooke Cohen examine the impact of a recent decision in the Northern District of Illinois case United States v. Bases & Pacilio on the review of exculpatory evidence by the Department of Justice.  

The attorneys note that the decision in Bases – obligating the DOJ to review the files of agencies it shares documents with – may trigger increased discovery obligations, forcing the DOJ to turn over exculpatory evidence beyond its own records, while still satisfying its obligation to pursue independent investigations under Brady v. Maryland. The attorneys also highlight that this decision represents a departure from previous case law in this area. 

The full article is available here.