Raymond Randall is an attorney with the Federal Trade Commission. A 19-year veteran
with the agency, Mr. Randall was known as a good trial attorney. The FTC charged
William Farley, the chairman of Fruit of the Loom, Inc., with violations of the reporting
provisions of the Hart-Scott-Rodino Act, when he purchased shares of West
Point-Pepperell Corporations prior to a Fruit of the Loom takeover bid. The
Hart-Scott-Rodino Act requires investors to notify the government when their holdings
in a firm pass $15 million.
The FTC sought a fine of $10,000 per day against Mr. Farley, for a total of $910,000.
Mr. Farley did notify the FTC once Fruit of the Loom made its decision to acquire West
Point-Pepperell. Randall was assigned the Farley case. The FTC took a position of
refusing to disclose to Farley and his attorneys documents relating to the case. Mr.
Randall felt that the documents pointed to weaknesses in the FTC case and supported
Mr. Farley’s point that he notified the FTC once the takeover position was announced.
Mr. Randall leaked the documents to Mr. Farley’s lawyer.
Mr. Farley’s lawyers were concerned that they should not be in possession of
government documents returned the documents and resigned from the case because
they had seen the documents. Mr. Farley’s new attorneys went to court demanding
production of the documents. The documents were ordered produced by the court.
When the FTC refused to produce them, the case against Mr. Farley was dismissed by a
federal district judge.
a. Did Mr. Randall do the right thing in disclosing the documents to Farley’s attorneys?
b. Did Mr. Farley’s lawyers do the right thing in returning the documents to the FTC?