Cooperation: The Defendable Investigation

In simple terms, an investigation is all about finding the facts. This includes the identification of the who, what, where, when, why and how. But the reality for a company and their legal counsel to find the answers to these questions is usually complex, especially when a regulator is involved. While the underlying conduct that has caused the regulatory investigation to commence is a key point in deciding what action a regulator will take against a company, so too are self-reporting, cooperation and remedial efforts. This article deals with cooperation, and specifically, considerations for a company and their legal counsel in conducting a defendable internal investigation.

Whether the company is responding to a regulator for alleged breaches of anti-corruption laws like the US Foreign Corrupt Practices Act of 1977 (FCPA) and the UK’s Bribery Act 2010, sanctions, money laundering or violations of other white-collar crime regulatory concerns, cooperation is effectively built on the company’s response to the regulator about its internal investigation methodology and protocol.

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