How DOJ Investigations & Federal Indictments Work: From a Federally Recognized Whistleblower
October 28, 2017
As the first charges in the Mueller investigation are filed it’s time to manage some expectations and educate how The United States Department of Justice (DOJ) investigations & grand juries work. As well as understand the goal of each without partisan blinders, just facts.
How do I know? I was a federally recognized whistleblower who was under seal from July 2011 until July 2016 as the DOJ did an investigation against Johnson & Johnson, Ethicon and Acclarent . This resulted in Johnson & Johnson paying an $18 million civil fine and tossing out two former executives to grand jury. The two former executives William (Bill) Facteau and Patrick (Pat) Fabian were arrested, indicted and after a six week criminal trial convicted and are currently awaiting sentencing.
DOJ investigations are under federal seal. (cannot discuss under penalty of prison). These investigations usually take anywhere from 5-10 years. Some faster, some longer. These are not done quickly, which is a common misconception from media and the public at large. One goal of the investigation is to get enough information to convene a grand jury against targeted individuals.
- DOJ will go as high up the food chain as the evidence will support
- The targets of grand jury investigations are usually lower on the food chain than the DOJ or public would like, but they have to go with what the evidence can support
- The goal is to get these lower level people to flip on those higher up the food chain
Grand jury testimony is NOT under federal seal (those involved are asked to not discuss the case-but that’s NOT the same as being under federal seal) Any person who testified is free to tell anyone else what they were asked on the stand. The grand jury is itself under seal.
Targets of grand jury investigations know they’re targets or quickly find out
- Many of these people called to testify still work for the targets of the investigation
98% of all grand jury investigations end in arrest & subsequent indictments
95-98% of all indictments end in criminal charges and are sentenced to prison
As we all anxiously await as who gets arrested and indicted on Monday, those getting arrested and indicted (and their attorneys) already know it’s coming. They’ve known or suspected for quite some time. Mueller did not “leak” the indictment. The seal is lifted (usually-not always) to get the arrest warrant for the ability to indict. The DOJ also as I understand it, since it’s white collar, alert the targets that the arrest is coming. Sometimes it’s to avoid the per-walk and other times it’s to ensure it. I think all DOJ arrests should involve a per-walk. Exposing negative truthful information harms image which is tied to profits and that along with legal intervention creates positive change.
Take the bi-partisan blinders off and start looking at the facts. The people higher up the food chain are shrewd and know how to make someone else take the fall.
Don’t expect Trump, Trump Jr. or Kushner named in the indictments on Monday. That’s not to say they’re innocent, it just means the DOJ doesn’t have enough information to indict that far up the food chain. Sadly, they likely won’t ever get it. That’s not a political statement as I saw it in my own case where many more people than just two executives from a venture capital funded startup which sold to Johnson & Johnson should be going to jail but they’re not.
Please make sure that the two executives who have been convicted are sentenced to jail pending their many years of appeals. The heavy lifting was done by myself and DOJ, it’s a shame a federal judge refuses to sentence two criminals pending appeals.