- Corporate Strategy
In a criminal investigation, a corporate entity will typically have four broad interests that must be addressed. First, determine, under the cloak of privilege, what happened, why and who participated. This means that counsel should get involved as soon as possible. Second, take steps to avoid any inference of concealment, destruction or obstruction. Third, have appropriate separate legal counsel provide advice and counsel to employees of their rights and/or liabilities and company policy. Finally, help outside legal counsel formulate a theory of the defense and, where appropriate, enter a joint defense relationship with potential targets.
2. Preparing For Criminal Investigations
No one ever says: “You know, I want to be the target of a criminal investigation.” Nonetheless, criminal investigations occur and notwithstanding the system of justice that supposes everyone’s innocence until otherwise proven, preparation is the best method to insure that the presumption of innocence is not inverted. Preparation and planning is paramount. Designate an on-site corporate representative to receive and examine all process, such as subpoenas, warrants, or informal inquiries from government agents. Direct that representative to immediately notify either in-house or outside counsel. Prepare a management letter, authorized by the board of directors, appointing counsel and directing that a privileged internal investigation be conducted. Establish, in advance, a corporate policy on providing legal counsel for employees. Have outside legal counsel prepare the memorandum to the relevant employees notifying them of the investigation and of their legal rights.
This will get you started on the path of developing and presenting a cogent defense.
More later.
As always, e-mail me with any questions.
WDJiii