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.