It is every in-house lawyer’s night-mare. Following disclosure to federal authorities of your company’s non-compliance with laws or regulations, you receive word that, while your company has been admitted to a, government-sponsored voluntary disclosure program, one of your senior managers has been designated a target of the criminal investigation triggered by your disclosure. You now confront the dilemma of completing settlement negotiations with the Department of Justice ("DOJ") while dealing with an anxious executive who does not want to be thrown to the wolves.
How should the targeted executive be treated by the company during its efforts to obtain favorable treatment from the government? What options are open to the company that will allow it to assist its employee without appearing to tolerate or reward alleged criminality? This tension is particularly acute in high-risk industries, such as healthcare, pharmaceuticals, government contracting, securities, and banking, where the
