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Regulatory: The risk of cooperating with the government during an internal investigation

Without knowing it, you can become a de facto public actor

The Department of Justice (DOJ) provides guidance on—and incentives for—companies that cooperate with the government and self-report any alleged misconduct on behalf of the company and its employees. As a result, in order to check on alleged misconduct, companies often conduct internal investigations and provide the results to the government.

When conducting internal investigations, corporate counsel should consider if, and to what extent, the company should coordinate with the government. Such a consideration is necessary because the company’s actions could rise to the level of being considered the actions of a de facto public actor, namely that the company was acting as an agent of the DOJ.

Contributing Author

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Jaime Guerrero

Jaime B. Guerrero is a partner and member of the Government Enforcement, Compliance & White Collar Defense and FCPA & Anti-Corruption Practices at Foley &...

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