Inspectors General Stephen M. Ryan, Esq.  [email_address]
Deposition Power For Inspectors General <ul><li>What Powers Do IGs Have Today?  What Investigative Practices Do They Engag...
Why Is It A Really Bad Idea To Give IGs Power To Subpoena Testimony? <ul><li>Currently IGs have to use DOJ to obtain “test...
Why Is It A Really Bad Idea To Give IGs Power To Subpoena Testimony? <ul><li>IG agents are not qualified or trained to tak...
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Steve Ryan Presentation on IGs

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Steve Ryan Presentation on IGs

  1. 1. Inspectors General Stephen M. Ryan, Esq. [email_address]
  2. 2. Deposition Power For Inspectors General <ul><li>What Powers Do IGs Have Today? What Investigative Practices Do They Engage In? </li></ul><ul><ul><li>Subpoena duces tecum – things, documents, hard drives, email </li></ul></ul><ul><ul><li>Law enforcement powers (gun and badge) </li></ul></ul><ul><ul><li>Voluntary interviews </li></ul></ul><ul><ul><ul><li>Includes well established and intimidating “over the top” practice of going unannounced to employees’ homes at night to interview them, while urging them not to tell their company of interview </li></ul></ul></ul><ul><ul><li>Covert physical surveillance of government/contractor personnel with cameras, investigative teams </li></ul></ul><ul><ul><li>Read/copy emails of government employee with no notice to employee </li></ul></ul><ul><ul><li>But IGs don’t have the right to require depositions under oath </li></ul></ul><ul><ul><li>Chairman Issa is seriously considering being a key sponsor of legislation to give this authority </li></ul></ul>Stephen M. Ryan, Esq. [email_address]
  3. 3. Why Is It A Really Bad Idea To Give IGs Power To Subpoena Testimony? <ul><li>Currently IGs have to use DOJ to obtain “testimony” as opposed to interview. Giving IGs deposition power will undercut DOJ’s role and leave IGs without proper supervision during investigations </li></ul><ul><ul><li>Taking testimony and locking in witnesses too early in an investigation can hamper prosecution, not just defendants </li></ul></ul><ul><li>Invariably, it will be easier to re-focus IG investigations on “false statement and/or testimony” in deposition than underlying criminal “investigation” </li></ul><ul><li>Depositions are extraordinarily costly – cost of court reporter, length of visit extended 2 to 3 times usual interview length </li></ul>Stephen M. Ryan, Esq. [email_address]
  4. 4. Why Is It A Really Bad Idea To Give IGs Power To Subpoena Testimony? <ul><li>IG agents are not qualified or trained to take depositions </li></ul><ul><li>Deposition power will be abused by inept/incompetent/ overbearing IG agents, and no supervising court exists to consult for such abuse </li></ul><ul><li>Contractor community will pay tens of millions of dollars in fees to lawyers </li></ul><ul><ul><li>But it is good for the Ryan children … </li></ul></ul>Stephen M. Ryan, Esq. [email_address]

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