This is an updte on the past year's developments in government enforcement in the area of business crimes. One year ago, we sponsored a seminar entitled "The Brave New World of Corporate Criminal Enforcement," which explored the many new corporate law enforcement efforts and their impact on corporate counsel and executives. In the ensuing year we have witnessed a continuation of that same pattern. Here is a review of the latest developments.
I. CORPORATE SCANDAL SCORECARD
Response To Government Investigation Remains Critical
Both federal and state authorities have scrutinized company responses to the discovery of potential wrongdoing and to government investigations. Indeed, the company’s response has become nearly as important to charging decisions as the underlying matters under investigation. This places an enormous responsibility on corporate counsel and the board of directors, particularly the audit committee, to insure that the company response is prompt and careful.
