The decision to cooperate (or not)
When a corporation or individual becomes aware that they may
have contravened the law, or that they are being investigated by a
regulator for a contravention of the law, one of the first issues
they need to determine is what engagement strategy will they
take?
There are generally two strategies available:
- to remain silent and provide information only when compelled to
do so; and
- to proactively engage with the regulator, including by
self-reporting and providing information informally.
As with most things, there are risks and benefits to each
strategy.
Making the case against yourself
Investigating corporate misconduct can be time consuming and
complex. Proving a contravention of a civil penalty provision is
often difficult. Successfully prosecuting a corporate criminal
offence is even more difficult.
