"It is far better to prevent and detect than simply to react, respond and pay." - Lawyer Pete Anderson, Charlotte Business Journal. Read more.
The Antidote to the Prosecutor's Broad Power.
It is often said that the best defense is a good offense. In the ever-changing world of regulatory criminal enforcement, this advice holds true. Recent enforcement trends suggest that the line between mistakes and crimes is unclear, the regulations are confusing, and the stakes are extremely high if you (or your company) gets it wrong.
Ten years ago, the existence of a compliance plan may have been sufficient to show "good faith." Now, the standards have shifted and the government sees the absence of adequate compliance efforts as "bad faith."
Today, to stay out of regulatory criminal trouble, you have to go beyond claiming that you care about compliance or merely showing that your company is not a "bad actor." Today, companies must prove (and document) that they are "good corporate citizens." Regulators and prosecutors have tremendously broad discretion in deciding how to respond to regulatory violations. These choices often involve decisions about: 1) whether to bring charges; 2) and if so, which ones (civil or criminal); and 3) against whom? The enforcers are no longer satisfied by plans, promises or policies. The positive impression is created through concrete actions, funding and documentation.
Regardless of the industry, the only shield that will fully protect against the prosecutor's spears is a compliance program that meets all of the following 7 criteria of "effectiveness":
- Establishing a written compliance program with standards and procedures;
- Centralizing compliance oversight in high-level positions within the company;
- Avoiding delegation to unfit individuals (i.e. conduct background checks);
- Communicating standards and procedures to employees through regular training;
- Achieving compliance with program through monitoring;
- Enforcing standards consistently;
- Responding appropriately to offenses and improving the program accordingly.
Our team of lawyers draw upon their experience as former federal prosecutors, a former federal judge, and former law clerks. We understand what proactive steps a company needs to implement to protect itself.
Plan for Reactive Steps.
Rather than ignore red flags or smoking guns, companies need to know how to respond to problems that they may discover on their own. Anderson Terpening has a proven track record on conducting thorough, accurate and cost-effective internal investigations in response to a variety of issues. Not only does an early response often prevent a crisis, and gives the information you need to respond, it also conveys the right message of a "responsible response."
No compliance plan is perfect, and no program can prevent all misconduct. Therefore, in addition to assisting with proactive efforts, Anderson Terpening also helps clients to plan for, and respond quickly to, various enforcement efforts, including:
- Governmental Interviews;
- Search Warrants;
- Grand Jury Subpoenas for Documents or Testimony.
Our compliance counseling encompasses all areas of criminal law, including:
- White collar crime
- Fraud
- Securities fraud
- Healthcare fraud
- Computer crimes
- Environmental crimes
- Antitrust crimes
- Conspiracy crimes
Contact Us Today.
We aim to promote justice by protecting our clients' rights through ethical, skilled legal counsel and attentive, professional and accessible client service. E-mail the firm or call 704-315-2495. After Hours 704-787-309.
