Saturday, November 17, 2007

WellCare Search - It's All Public

Richard Mullins of the Tampa Tribune reports on the evidence obtained from the government's search at WellCare.  The 200 plus agents that raided WellCare (see post here) secured materials that have now been indexed (43 pages), and some items have been described in the open press.

This is yet another difference between a white collar investigation that proceeds with a search as opposed to subpoenas. Searches can benefit the government in that they provide surprise and the security that materials will not be lost or destroyed. The downside is that the government has to index and find the materials as opposed to having the subpoenaed witness do the work of putting all the items together.  And yet, another important difference is that a subpoena is for an appearance before a grand jury, a body that is bound by secrecy.  Having these materials on the streets is an indication of what happens when the government investigates outside the grand jury process.  In the case of a company such as this, a search can have a detrimental effect on the business as the openness of the search presents the negative picture for all the public to see.

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2007/11/wellcare-search.html

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