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Corruption, Bribery, and Other Corporate Crimes Lawyers

June 23, 2020

Bribery, Corruption, and Other Corporate Crimes

Potential instances of bribery, corruption, and other corporate crimes call for an immediate and thorough investigation. All such accusations need to be conclusively confirmed or disproven, and appropriate reparative action needs to be taken promptly in order to shield the company against liability and other kinds of harm.

 

Accusations of bribery, corruption, and other corporate crimes can be damaging to a business organization. From internal discord and distrust to public reputational ruin which may be irreparable, the repercussions of these types of allegations can be both fast and harsh.

 

At Spodek Law Group, our corporate investigations services team represents businesses in corruption, bribery and other corporate crime investigations across the nation. We represent companies and boards of directors in investigations that target all types of federal criminal allegations, from insider trading to bribery of public officials. We work for government contractors, healthcare providers, and other public and private companies across all sectors, and we furnish strategic and efficient representation that is focused on uncovering the truth so that our clients can take steps toward practical solutions.

 

Federal Counsel for Companies That Have Been Charged With Corruption, Bribery, and Other Statutory Offenses

Our practice covers all matters connected to bribery, corrupt practices, and other federal statutory offenses. This encompasses investigations involving possible and alleged violations of laws such as, but not limited to:

 

The federal money laundering statute 18 U.S.C. § 1956

Federal anti-bribery statutes 18 U.S.C. § 201(b)(1) and 18 U.S.C. § 201(c)(1)(A)

Anti-Kickback Statute

False Claims Act

IRC (Internal Revenue Code)

FDCA (Food, Drug, and Cosmetic Act)

FCPA (Foreign Corrupt Practices Act)

ITAR (International Traffic in Arms Regulations)

Securities Exchange Act of 1934

Sherman Antitrust Act

Laws enforced by the OFAC (Office of Foreign Assets Control)

TINA (Truth in Negotiations Act)

 

We deal with investigations into companies under these and other statutes targeting a wide range of possible crimes, including crimes committed against our clients. We laso handle offenses committed by executives, employees, and other individuals professing that they are acting on behalf of our clients. We collaborate with our clients’ in-house counsel and other appropriate stakeholders as necessary for the purpose of uncovering the proof required to confirm or disprove allegations of corporate offences including:

 

Accounting fraud

Violations of Antitrust Laws

Violations in Campaign finance

Tax fraud and Federal tax evasion

Government contract and procurement  fraud

Government program fraud (covering programs such as  Medicare, Medicaid, and Tricare)

Violations connected to import-export activities

Self-dealing and Corporate espionage

Insider trading, tipping, and other securities-related infractions

Corporate property misuse and misappropriation

Paying and receiving illegal kickbacks

Public corruption, bribery, domestic and cross-border offenses

 

In numerous cases, corporate fraud and other corporate crimes can be situations that encompass multiple offenses under multiple federal laws. Using our attorneys’ great wealth of experience in federal criminal matters – including past experience in the employ of the U.S. Attorney’s Office and the U.S. Department of Justice (DOJ) – we are thoroughly informed on all of the potential implications of corporate criminal behavior at the federal level. We can put this knowledge to good use to ensure that all relevant issues are revealed during the investigative procedure and to assist you in carefully weighing your options going forward.

 

Expert Legal Representation Before, Throughout, and After Corporate Criminal Investigations

While there are those company executives and board members who will not hear about allegations of corporate fraud until they learn of the allegations in the media, in many circumstances there will be warning signs that can be addressed ahead of the launching of a full-blown, publicly-scrutinized corporate investigation. Here at Spodek Law Group, we stand with our clients before, during, and after corporate criminal investigations.  Also, we provide strategic and forward-thinking advice that is custom-fitted to every stage of the process.

 

  1. Strategic Planning and Due Diligence in the Pre-Investigation Phase

Before commencing a corporate criminal investigation, tactical planning and due diligence will often be required in order to make certain that the scope of the investigation is appropriate and that the investigation can be carried out as efficiently and with as much discretion as possible. Our attorneys work with in-house counsel, executives, boards of directors, and other stakeholders as appropriate to think ahead whenever possible. If you can create a strategic plan so that you wont be reacting every step of the journey, you would gain more control over the process and mitigate the risk of unnecessary missteps and avoidable harm.

 

  1. Corporate Criminal Investigations

When The time comes to conduct a corporate investigation, we work untiringly and with a laser focus on achieving our client’s desired result of a clear picture of whether or not a corporate crime has been committed. As independent counsel, we bring in an unbiased perspective on all the issues and evidence, and our only aim is to reveal the truth. Once we are aware of what happened, if anything happened at all, we then turn our attention to helping our clients handle any potential consequences of their executives’ or other employees’ corporate unlawful behavior.

 

  1. Remedial Measures, Reporting, Compliance, and Enforcement Post-Investigation

Unless the investigation results conclusively reveal that no criminal infractions have been committed, at its completion, there remains more work to be done. In fact, in some respects, although the importance of the investigation cannot be overstated, post-investigation responsibilities can be a great deal more important than the investigation. The requisite responsive measures in the aftermath of an investigation will be dictated by the outcome of the investigation itself, and might include:

 

  • Taking internal punitive and remedial measures
  • Reporting or self-disclosing voluntarily the violation to relevant federal authorities
  • Updating the compliance policies, procedures, and protocols at your place of business
  • Legal defending against a federal criminal investigation

 

Seven Best Practices in Corporate Criminal Investigations: Advice for Achieving Positive Results

The specific allegations (or potential allegations) notwithstanding and also regardless of what federal agency (or agencies) might be gearing up their own investigation, and regardless of the amount of exposure your business is facing, there are some best practices that should be followed in the course of corporate criminal investigations. Some of these best practices are:

 

Protection of the Attorney-Client Privilege – Protecting the attorney-client privilege is crucial in all matters that carry implications for a company’s civil or criminal liability. The privilege needs to be preserved throughout the investigative process, and this necessitates a keen focus on avoiding unintentional disclosures that could end up in the privilege being deemed waived in its entirety.

 

Carrying Out Witness Interviews – Performing witness interviews for investigation purposes can be classed as both an art and a science. In these interviews, witnesses cannot be provided any more details than are absolutely necessary. When interviewing witnesses who may also be implicated in the allegations warrant additional precautions and considerations, and every witness interview must be planned, structured, and executed with the specific goals of the investigation at heart.

 

Uncovering and Keeping Documentary Evidence Secured – To perform searches of employees’ computers, tablets, and phones, the team needs to perform significant advance planning and preparation also. Additionally, in the course of a corporate investigation, automatic electronic records purges may need to cease, and personnel can be instructed not to remove or destroy potentially-relevant documentation. Here, also, extreme caution is advised to avoid unnecessarily allowing information to get out and raising questions internally.

 

Entering into Joint Defense Agreements – A joint defense agreement allows two unrelated parties to communicate with regards to a federal criminal matter without breaching the attorney-client privilege or leaving trails that are subject to federal disclosure. While joint defense agreements can be effective – and necessary – tools in many cases, entering into a joint defense agreement is a matter that needs significant forethought and advance preparation.

 

Documentation of the Investigation Itself – As we collect documentation for investigative purposes, at every stage of a corporate criminal investigation it is also prudent to document the investigation itself. Should you every face civil litigation or federal enforcement action, having documentation at your disposal to overcome questions regarding bias, conflicts of interest, and the sufficiency of the investigation can be vital.

 

Focusing on the Future at All Times – When performing a corporate investigation, it is imperative never to function in a vacuum. People involved in the investigation should be keeping the forward vision in sight at all times. You will need to be lucid enough to contemplate next steps and evaluate the potential legal, financial, and practical repercussions of decisions taken during the investigative process. If civil or criminal litigation looks like it may happen, it could be necessary to take anticipatory defensive action in parallel with the investigation.

 

Avoiding Missteps that Could Be Seen as Complicity – Finally, when carrying out a corporate criminal investigation, the pepole involved must be extremely careful to avoid miscues that could be viewed as complicity. The preparing of documentation during the investigation should offer us the luxury of complete transparency, as inadequate documentation may be translate as an indication that certain details were missed or certain information was overlooked. Ultimately, the basic aim of a corporate criminal investigation is to protect the company to the fullest extent possible . This goal cannot be achieved if oversights or errors create unnecessary exposure.

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