Electronic mail, or "email," has been a regular means of communication in the business world since the mid-1990s. The growth of electronic communication has in turn affected white-collar criminal investigations and prosecutions. What used to be a casual conversation or obscure memorandum—evidence of which was subject to the vagaries of memory and document searches—is now frequently available in an email. As a result, prosecutors and defense lawyers spend tremendous amounts of time and money sorting and reviewing electronic communications (and other electronic documents), arguably at the expense of finding and developing "old-fashioned" testimonial evidence.
The availability of electronic communications has affected the conduct of civil and criminal enforcement agencies in various ways. In its most stark form, a single email (or small number of emails) has been disclosed by prosecutors to put a company or individual on the defensive even before charges are filed. More generally, during an investigation, offhand remarks in emails, often quickly dashed off without much thought, can take on undue importance when they are viewed, often mistakenly, to represent considered judgments and thoughtful opinions.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
