In thinking about this case and the way that Korn/Ferry has worked in collusion with the US Justice system from the start, there are a series of questions that need to be asked of those involved.  These are questions that Kyle Waldinger, lead prosecutor – AUSA should be prepared to answer:

  • When was your office first brought into a conversation with KFI regarding the actions of a number of individuals who were going to join Mr. Nosal in starting his new firm?
  • Who at KFI or O’Melveny and Myers initiated this dialogue?
  • What role did Sharon Bunzel play in the approach to the Justice Department?
  • What was Bunzel’s role at the Justice Department prior to joining O’Melveny and Myers.
  • To the best of your knowledge, in her first 12 months with O’Melveny and Myers, what percentage of Ms. Bunzel’s time was focused on the Nosal case?
  • Had Sharon Bunzel not joined O’Melveny and Myers, how involved do you think the Justice Department would have become in this case?
  • According to court documents, Judge Patel, who previously oversaw this case for several years, questioned why this case was in a criminal court. In fact, it appears that Judge Chen asked that question, as well. What was your motivation for relentlessly pursuing this case?
  • When you were first approached by KFI or O’Melveny and Myers, to get involved in this case relative to Nosal’s involvement with the initial allegations of him “overseeing the biggest downloading of proprietary information in the history of executive search” highlighted in the Wall Street Journal?At what point did you realize that he had absolutely nothing to do with it?
  • Once you knew Nosal was not involved in the downloading of the 30,000+ records, why didn’t you hit the “pause” button and reassess why you were involved in this case to begin with?
  • Why did you not apologize to Mr. Nosal once you knew the truth that he did not know anything about this initial downloading?
  • A number of counts that you convinced the grand jury to indict Mr. Nosal on had to do with previous clients contacting Mr. Nosal for search work after he left KFI. Why did you believe that a partner being called by a previous client would be considered a criminal act when search partners are generally hired by search firms because of the book of business they will bring with them?
  • Are you familiar with all cases against KFI that the company has settled behind the scenes?
  • When you and your office interrogated Michael Louie, Mark Jacobson, Becky Christian, and Jacqueline Froehlich-L’Heureaux, did they tell you that Mr. Nosal knew nothing about any of them possessing these specific source lists?
  • If Louie, Jacobson, Christian, and Froehlich-L’Heureaux were given immunity to testify honestly about what they shared with you, do you believe they will support the government’s position on any of these issues?
  • Once you knew definitively that Mr. Nosal knew nothing about the downloading of 30,000+ records, why did you not make a public statement exonerating Mr. Nosal of any involvement?
  • Why was it that you felt the government had a duty to undermine the credibility of Mr. Nosal? KFI
  • Why did you not at any point, go directly to Mr. Nosal to ask him about his involvement?  Wouldn’t it have been prudent to at least understand why   he believed KFI (with the support of O’Melveny and Myers) was waging this personal attack?
  • When Mr. Nosal approached your office to come in under the “Queen for a Day” scenario, and he provided you with the Spencer Stuart Board Bible that was stolen by two ex-Spencer Stuart leaders (who had by then joined KFI) did you not think that was relevant information?
  • Why did you not pursue KFI for theft of the Spencer Stuart Board Bible when this was brought to your attention?
  • Why did you bury the Board Bible document and later accept KFI’s explanation that an administrative assistant inadvertently took this material by mistake? How do you then explain how this document got into Mr. Nosal’s hands?  Why did you just accept the fact that the ex-CEO, current CEO and ex-General Counsel, as well as Griesedieck and Damon were the only other ones in that meeting, and are the same ones who accused Mr. Nosal of misappropriating KFI information? Did this not seem remotely suspicious to you?
  • Were you made aware of the circumstances through which Mr. Nosal resigned from KFI, and if so, why did that not send red flags up to you?
  • Are you familiar with the case involving Francois Truc and Edouard Paquet?
  • What specifically is your knowledge of the Truc/Paquet case?
  • Is the federal government going to take action against KFI for their role in supporting this unethical, and what would appear to be, illegal activity?
  • What do you believe your obligation was to Nosal and his attorneys to share, not only what you knew about Francois Truc, but all of the other information that was found to be false about Mr. Nosal throughout the past 13 years?
  • Do you believe that the government not taking action against KFI for “unclean hands” relative to Truc and Paquet ,is consistent with the aggressive behavior you have displayed against Mr. Nosal throughout this process?
  • Did the government have any role in KFI settling and sealing the Truc/Paquet case with Spencer Stuart behind the scenes?
  • Do you believe the government should call a special investigation against KFI and Francois Truc to get to the truth of the issues you appear to hold near and dear to you?
  • You were quoted in at least one publication as saying, “Stealing is stealing.” Why would you then not aggressively pursue criminal charges against KFI, Francois Truc and his associate for their actions?
  • What has the U.S. vs. Nosal case represented to your career?
  • Do you believe that the legal and business communities feel that this case has been a good use of taxpayer dollars, or that it has been a case of the government doing a major corporation’s dirty work?
  • Do you feel that prosecutors are sometimes more focused on winning a conviction to advance their own careers, rather than what is a just application of the law?
  • Do you see any parallels between the recent wave of cases involving individuals’ abuse of power to sexually harass others, and a corporation’s abuse of power to and snuff out a competitor via its law firm’s ties to the Justice Department?
  • Do you feel this has a detrimental effect on our civil liberties in this country?
  • Do you feel there may eventually be a public backlash against prosecutors who abuse their power, as there has been in Hollywood and various business circles?

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