When management or the Board of Directors suspects possible misconduct within the company, they cannot respond with sound business judgment unless they have good information about what happened. In serious cases, they probably need outside counsel to investigate, report, and recommend remedies.
State Proceedings and Confidentiality Agreements with the Federal Government
When management or the Board of Directors suspects possible misconduct within the company, they cannot respond with sound business judgment unless they have good information about what happened. In serious cases, they probably need outside counsel to investigate, report, and recommend remedies. The government has long encouraged companies to disclose the results of these internal investigations by offering the hope of leniency in charging or sentencing. On Sept. 22, 2003, the Attorney General added a "stick" to this "carrot" approach when he announced the Justice Department's new policy of charging the most serious criminal offenses that are readily provable, with a limited exception in cases where a defendant provided substantial assistance.
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Avi S. GarbowThis premium content is locked for Business Crimes Bulletin subscribers only
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