When Private Investigators Take Things Too Far
In November, Washington D.C.’s attorney general filed a civil lawsuit against Dan Snyder, owner of the city’s National Football League team. The complaint alleges that Snyder colluded with NFL Commissioner Roger Goodell. Snyder is accused of deceiving fans and residents about the NFL’s investigation into the team’s allegedly toxic workplace culture and accusations of sexual assault-all to maintain a strong fan base and increase profits.
Five years after the #MeToo movement went viral, allegations of sexual harassment and misconduct within the organization emerged, along with Snyder’s alleged attempts to discredit or intimidate relevant witnesses.
A congressional committee that has looked deeply at Snyder and the team for nearly a year found that Snyder “abused the subpoena power of federal courts to obtain private emails, call logs, and communications” as part of his efforts to discredit witnesses and kill negative press stories.
Snyder employed a law firm to hire the private investigators that harassed and intimidated dozens of former team employees. The use of private investigators as a tool for providing attorneys with information in preparation for litigation is nothing new.
Investigators are regularly engaged by attorneys on various assignments, including interviewing potential witnesses, serving documents and locating assets. Under the American Bar Association’s Model Rules of Professional Conduct, unethical or illegal conduct committed by a private investigator can be imputed to the lawyers who hired them.
Many in the legal profession believe that the ABA should be very clear about the high penalties for failing to ensure a private investigator is behaving in an ethical manner—and that corrective action will be taken against those who fail to do so.
Investigations done correctly (and ethically) will benefit the case. Success or failure in the courtroom or during the settlement process definitely depends on having the very best, most detailed information about a case. That’s why great attorneys and law firms across the country work with the worldwide team of Santoni Investigations who will make sure you know everything to maximize the settlement process or win your case in court!