Participation of the Victim in Investigations
One recent case demonstrates how the victim’s cooperation can lead to a successful prosecution. In Int’l Bus. Machs. Corp. v. Brown, 857 F. Supp. 1384 (N.D. Cal. 1994), IBM brought suit against individual and corporate defendants accused of defrauding the company. Suspicious of some of its employees, IBM had cooperated with local police in a successful sting operation. At the time of the civil suit, a criminal prosecution arising from the sting was ongoing. The civil defendants sought a stay in the civil proceedings pending the outcome of the criminal trial, arguing that by participating in the sting, IBM and the police engaged in misconduct.
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