Management of Criminal Investigations and Prosecutions: A Basic Outline for Corporate Counsel

• NCJ Number: 123719
• Author(s): M C Hallerud
• Date Published: 1988
• Length: 28 pages
• Publication Format: Document
• Publication Type: Report (Technical Assistance)
• Language: English
• Country: United States of America
• Note: Prepared for the 1988 Annual Fall Meeting of the American Bar Association Section of Litigation, Washington, D.C., October 20-22, 1988

Annotation

This examination of corporate criminal liability and the role of a corporation's attorneys during criminal investigations and prosecutions focuses on the principles of corporate criminal liability, the targets of prosecution, the use of outside counsel, and indemnification of costs and judgments.

Abstract

An introduction notes that the main focus of in-house counsel with a corporate criminal practice must be on the prevention of criminal activity through the development and administration of a rigorous corporate compliance effort. Where compliance efforts are unsuccessful and the alleged criminal activity becomes the focus of a law enforcement investigation, corporate counsel must try to manage the activities with the goal of avoiding indictment or circumscribing the indictment and increasing the likelihood of a favorable disposition. Both compliance efforts and responses to investigations and indictments require cooperation between a corporation and its employees or agents. However, preventive and defensive mechanisms may produce a gap between corporate and individual interests. Sample letter notifying employees of a criminal investigation is included.