Juliana Morehead, J.D., CFE
Electronic Discovery In The 21st Century
This article explains in detail what fraud examiners must learn about electronic evidence -- how it's stored and retrieved, what and how to ask for it, and the federal discovery rules that surround its admissibility.
Written By: Juliana Morehead, J.D., CFE, Kelly Todd, CPA/ABV
Public Employees, Whistleblowers and the First Amendment
In Garcetti v. Ceballos, the U.S. Supreme Court was asked to determine the breadth of the First Amendment as it relates to speech that would be a routine part of a public employee's employment.
Written By: Juliana Morehead, J.D., CFE
Waiver: The attorney-client privilege quandary
Here we'll address the instable state of waiving the attorney-client privilege as it relates to corporations, and in particular, internal investigations.
Written By: Juliana Morehead, J.D., CFE
How to establish a document retention policy
This column provides companies with tools to understand how to establish document retention policies, as well as a sample policy for guidance.
Written By: Juliana Morehead, J.D., CFE
Hedge Funds
A summary of the February, 2006 amendments to the Investment Advisers Act of 1940 ("Hedge Fund Rule") that require more stringent hedge fund regulation and SEC compliance.
Written By: Juliana Morehead, J.D., CFE
Self-incrimination in Workplace Investigations
This article adresses the Fifth Amendment’s impact upon incriminating statements made by employees – both public and private.
Written By: Juliana Morehead, J.D., CFE
Waiver, Round Two: The McNulty Memorandum
On Dec. 12, 2006, Deputy Attorney General Paul McNulty issued a new guidance for federal prosecutors. This column reviews the McNulty Memorandum guidelines for attorney-client and work product privilege waivers and how they relate to a company's cooperation with authorities in a federal investigation.
Written By: Juliana Morehead, J.D., CFE
Pretexting in the 21st Century
According to the Federal Trade Commission, pretexting is the practice of obtaining personal information under false pretenses. This article reviews the Hewlett-Packard pretexting case, describes its circumstances and results, reviews legislation, and discusses if it’s permissible to use the onerous method to obtain information in fraud examinations.
Written By: Juliana Morehead, J.D., CFE
Document retention in the wake of Andersen
In the wake of Arthur Andersen's demise after its involvement in the Enron case, and the subsequent U.S. Supreme Court ruling, we've all learned something about retaining (or not retaining) business documents.
Written By: Juliana Morehead, J.D., CFE
Medicaid fraud: An unhealthy prescription
Fraud examiners are aided by numerous laws and regulations plus many detection methods when there are suspicions that Medicaid fraud is afoot.
Written By: Juliana Morehead, J.D., CFE
The Revised Federal Sentencing Guidelines: What do they mean for organizations?
In January 2005, the Supreme Court in United States v. Booker and United States v. Fanfan clarified Blakely by holding that the Federal Sentencing Guidelines are no longer mandatory but merely advisory.
Written By: Juliana Morehead, J.D., CFE
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