The Dos and Don’ts of Preparing a Cooperating Witness

As the recent trial of PetroTiger’s former CEO Joseph Sigelman demonstrated, a problematic cooperating witness can derail the government’s case against a defendant charged with FCPA violations.  In that case, shortly after the government’s star witness admitted to perjury on the stand, Sigelman and the government agreed to a plea that reportedly made Sigelman’s lawyers “ecstatic.”  How can prosecutors and defense attorneys help avoid such catastrophes during trial?  In a guest article, Richard Bistrong, a former sales executive who was accused of bribing foreign officials to obtain contracts for his employer, a defense contractor, shares lessons he learned from serving as a cooperating witness.  Bistrong cooperated with the government for two-and-half years, recording thousands of phone calls and meetings.  He prepared for trial for over three months, and testified for nearly a month.  He subsequently served 14 months in prison.  See also “What Does the PetroTiger Case Mean for FCPA Compliance?  Sigelman’s Attorneys and Other Experts Weigh In” (Jun. 24, 2015).

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