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Former Morgan Stanley executive pleads guilty to conspiring to evade internal accounting controls under the FCPA in China, while Morgan Stanley avoids prosecution due to internal controls

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • April 26 2012

On Wednesday, April 25, 2012, DOJ announced that Garth Peterson, a former managing director for Morgan Stanley’s real estate business in China, pled guilty in federal court in Brooklyn, New York for participating in a conspiracy to evade the internal accounting controls which the company was required to maintain under the FCPA

Government's opposition to motion to suppress in Carson FCPA case argues that statements made to corporate counsel during an internal investigation do not violate the employees' Fifth Amendment rights

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • April 4 2012

In a Brief filed on April 2, 2012, the Government argued that the statements by defendants in an FCPA case that were given to their employer during an internal investigation should not be suppressed because the employer's "actions were not the result of any pressure or influence from the government sufficient to convert the Company’s lawyers to state actors," and because defendants could not "show that their statements were involuntary."