In this Guide:
- Introduction
- Managing the Internal Investigation
- Disclosure from Third Parties
- Steps to Preserve Assets/Documents
- Civil Proceedings
- Anti-Bribery/Anti-Corruption Legislation
- Excerpt from Introduction:
1. INTRODUCTION –
In the United States, companies are considered legal persons that can sue or be sued, and can commit or be the victims of crime. Indeed, it is not unusual for a company, especially a large corporation, to simultaneously be the victim or witness in a criminal proceeding in one US jurisdiction while fi nding itself under investigation for allegedly committing a crime in another US jurisdiction. But whether the company suspects that it is a potential victim or the perpetrator of a crime, it will likely need counsel to conduct a thorough internal investigation to determine the facts and recommend a path forward. Company counsel who diligently investigate credible allegations of serious misconduct will always be better positioned to advise their clients in determining whether and how to: disclose the misconduct to the government; cooperate in any ensuing government investigation; and implement any changes needed to remediate the problem.
Originally published in the European Lawyer Reference Series - March 2015.
Please see full publication below for more information.