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Companies are under increasing pressure to investigate and self-report allegations of corporate misconduct. As government agencies become more aggressive in investigating allegations of corporate fraud and abuse, an unprepared company may unwittingly find itself mired in obstruction of justice charges because initial protective steps were not taken to identify and preserve potential sources of evidence and to establish the independence of the company's decision-makers
vis-'-vis the alleged misconduct.
This is the second of a three-part series providing companies with a step-by-step guide for planning and conducting sensitive internal investigations into potential wrongdoing. Part One covered the initial decision of whether to conduct an internal investigation and immediate steps that should be taken to preserve evidence and create an independent investigation. Part Two herein addresses how to design and plan internal investigations, including how to define and charter the investigation and document collection and review.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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