There never has been a higher probability that your business will become directly or indirectly involved in a government fraud investigation. With the right advice, it need not end in disaster. This article provides management with a practical guide on how properly to respond to a such an investigation. Never rely on “self‐help” strategies. Management acting on its own without counsel can lose the opportunity to navigate its first contact with the government’s investigators safely. Counsel should help management in determining how the government might approach your company and who might be under investigation, as well as providing clear and specific instructions to employees, deciding whether to conduct a parallel internal investigation, understanding “joint defense” or “common interest” agreements, and developing an action plan.
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