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Abstract: 

A well-designed, adequately resourced, and effective corporate compliance program is a company’s first line of defense against potential wrongdoing. But when misconduct occurs, companies must be prepared to independently investigate, identify the root cause of the misconduct, and appropriately remediate the issue. Companies should also consider the Department of Justice’s recent changes to its enforcement policies when determining how best to proceed. This article discusses those changes and explains how an independent, counsel-led investigation — supported by forensic accounting teams and e-discovery experts — can help best position a company to avoid prosecution.

Keywords: Revised Corporate Enforcement Policy; Evaluation of Corporate Compliance Programs; The Value of Independent, Counsel-Led Investigations; Forensic Accounting and E-Discovery

Affiliations:  1: Reed Smith LLP; 2: Reed Smith.