Advice for Companies Facing a Government Probe

An ex-federal prosecutor gave a talk to the Georgia Association of Corporate Counsel, asking all-important questions about how to avoid government probes, and how to avoid fallout if one is initiated. Don’t you wish you were there? Well, this article sums up his comments.

Some of the best advice:

• Have an effective compliance system in place.
• If you're in a large corporation, your compliance department should be separate from your legal department.
• Know the rules and law in advance - learning after you get a letter from the DOJ is too late.
• Don't consent and don't give up your right to counsel.
• But don't be too tough - be friendly and helpful to the investigators.
• Never, ever lie.
• Keep documents - they're the best witnesses.

As you can undoubtedly see from the advice above, this is solid reading for upper management and board members as well.