Nicole Sprinzen, a member of Cozen O’Connor’s White Collar Defense & Investigations practice, discusses the crime-fraud exception’s reach in the context of a case in which the Third Circuit affirmed a decision requiring an attorney to testify in a grand jury investigation into his former client’s potential violations of the Foreign Corrupt Practices Act (FCPA). The Third Circuit’s ruling represents a split from the decisions of other Circuits, including the Second Circuit, holding that the crime-fraud exception does not apply simply because a client ignores an attorney's advice, and has significant implications for lawyers advising clients regarding FCPA compliance.
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