When the Crimes Go Beyond Price-Fixing: How Fraud and Process Crimes Complicate the Defense

In today’s world, a defense lawyer needs to wear more than just his “antitrust cap,” and instead must be on the lookout for other potential criminal charges his client may face.  More than ever before, the Antitrust Division is involved in domestic and international multi-agency task forces where information sharing among various criminal authorities is commonplace.  The potential crimes a defendant may face include substantive Title 18 charges, such as fraud and conspiracy to violate the Foreign Corrupt Practices Act, as well as process charges, such as obstruction and perjury.  The addition of non-antitrust crimes also creates an interesting tension in the leniency process, particularly because the Antitrust Division cannot promise to protect against prosecution by other federal agencies for crimes that are not considered integral to the commission of the antitrust offense.

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