April 14, 2015 – Wisenberg is a strong believer in the rule of law and is highly critical of the lax approach of the Holder Department of Justice after the Great Financial Crisis, and not one senior banking executive has gone to jail. It’s also worth noting that Wisenberg did secure prosecutions for fraud when he was on the other side. Whereas AG Holder never reestablished the criminal referral process (which is from the banking regulatory agencies, who are the only ones who are going to do widescale criminal referrals against bank CEOs, because, of course, banks won’t make criminal referrals against their own CEOs), Wisenberg directed approximately 75 to 100 criminal investigations during his tenure as an Assistant United States Attorney in Texas and North Carolina.
Pre-Indictment Representation of the White Collar Client: Imitate the Furniture or Proactively Engage?
Most of the white collar lawyers I know spend most of their professional time trying to keep their federal white collar clients from getting indicted. We know that the federal criminal justice system is heavily weighted against defendants in the post-indictment phase and that defending against federal white collar charges is a very expensive undertaking.