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Ready for Justice Department scrutiny of your compliance program?

Gejaa Gobena | November 29, 2016

White-collar prosecutors are increasingly focusing on corporate compliance and remediation efforts over the entire lifespan of a criminal investigation. In the past, compliance and remediation have primarily played a role in criminal investigations after alleged misconduct was identified, as prosecutors sought resolution terms that would prevent its recurrence.

Recently, however, compliance and remediation have shifted from a more “back-end” consideration to one that prosecutors scrutinize at all stages of an investigation—including the stages when prosecutors examine criminal allegations and make charging decisions.

Prosecutors are not only trying to discover what happened; they are also increasingly interested in why it happened. Additionally, there is added focus on what early, decisive remedial steps a company takes when misconduct is identified. In other words, what did you do about it? This has prompted prosecutors to closely scrutinize...

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