Corruption investigations require specialized knowledge and skills. They are long and complicated, and they often involve a complex web of interactions with multiple individuals and organizations. Therefore, they are often the responsibility of prosecutors or criminal investigators at the local level. Confronting corruption strengthens the rule of law, builds trust in government and society, deters criminal activity, promotes safer communities and leads to better, more effective services. However, the FBI and other prosecutors must balance the public’s interest in prosecuting corruption with the accused person’s right to a fair trial.
The investigation of corruption involves multiple aspects, including tracing illicit payments through the use of third party records, examining suspect contractors through negotiated agreements or contract audit rights, assessing financial and business practices to identify bribe-taking schemes, and interviewing witnesses ranging from disinterested, cooperative witnesses to co-conspirators and subjects. The investigative process also requires the exercise of judgment on whether a matter should be handled at the local or federal level.
In addition, there are limitations on resources, personnel and time that mean that not every report of alleged corruption can be investigated. Without clear protocols on how to determine which reports merit an investigation, organizations and States risk the arbitrary selection of cases they pursue or, worse, of selecting those most advantageous to themselves. This article provides practical guidance for prosecutors investigating corruption. It describes approaches to organizing a public corruption unit in larger and smaller U.S. Attorney’s Offices, and discusses the FBI’s policy on corruption prosecutions. Appendixes provide discussion of statutes applicable to corruption cases, as well as sample indictments.
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