Preface

Pages16-19
xv
PREFACE
The fourth edition of the Antitrust Grand Jury Investigations
Handbook is a substantial revision to the third edition, published 20 years
ago in 2002. As with prior editions of this treatise, this edition focuses
on various procedural issues that may arise during the course of an
antitrust grand jury investigation. In some respects, these issues are
similar to those that counsel may face during the course of other kinds of
grand jury investigations. But unlike other types of criminal matters
investigated by local U.S. Attorneys’ offices around the country, criminal
antitrust investigations are conducted exclusively by the Antitrust
Division of the U.S. Department of Justice (the “Division”). The
Division’s longstanding Leniency Program for corporate and individual
whistleblowers has unique features that differ from policies followed by
other components of the U.S. Department of Justice. And the Division’s
increasing focus on international conspiracies in the past twenty years
raises numerous issues relating to how the Division obtains evidence
located abroad and how investigations by foreign governments may
affect prosecutions in the U.S. courts.
The first three chapters of the Handbook provide an overview of the
initial questions faced by counsel retained by a corporation or individual
facing an antitrust investigation. There are various ways in which a
criminal antitrust investigation may begin, and the genesis of a specific
investigation may significantly affect howand how quicklycounsel
should respond. Service of a grand jury subpoena, without the use of
additional investigatory tools, usually signals that the government does
not have the benefit of information provided by a leniency applicant. In
these instances, counsel may be able to proceed more slowly with its
response to the internal investigation. The execution of a search warrant,
however, is a far more serious situation requiring counsel to move very
quickly.
Chapter 4 provides an overview of issues arising from representing
an individual. An individual client who is a target of the investigation
may be facing the prospect of prosecution and even incarceration, so
counsel will need to be prepared to deal with the emotional as well a s

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