Defense counsel and their clients often depend on the “common interest” doctrine to protect communications between defense-group counsel during government investigations. Recently, in the high-profile FIFA soccer corruption case in the Eastern District of New York, a judge sustained a government challenge to the invocation of the common interest doctrine on the ground that a target of a government investigation and the victim of the purported illegal conduct cannot have a “common interest.” This ruling serves as a reminder of the protections and the dangers of communications pursuant to a “common interest,” and also generates a broader observation that bears mention.
Common Interest Agreement
On May 27, 2015, a 47-count indictment (First Indictment) was unsealed in the Eastern District of New York, charging 14 defendants with racketeering, wire fraud and money laundering conspiracies, among other offenses, in connection with the defendants’ alleged participation in a 24-year scheme to enrich themselves through the corruption of international soccer. According to the First Indictment, certain international soccer officials took bribes and kickbacks in return for awarding marketing rights associated with various global soccer events.
