Monday, October 4, 2010

The Government's War on Corporate Fraud

Via Ethisphere.
Yet, today’s jeopardy for in-house counsel reaches well beyond their own underlying acts of fraud. Today’s prosecutors view themselves as the regulator for corporate culture and a flawed investigation bearing the indicia of bias or other lack of effectiveness will be used to justify a more interventionist response by the government. As a result, while regulators will obviously focus on the substance of any internal investigation, so too will they focus on process.
In particular, regulators will closely scrutinize the “who, what, when and why” associated with in-house counsel’s management of an internal investigation including any conversation with a witness or handling a relevant document during an internal investigation. In short, the government’s focus on obstruction places corporate counsel who help manage internal investigations at the center of almost every law enforcement investigation involving corporate fraud.
Click Here to Read: The Government's War on Corporate Fraud

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