Summary
In summary, the best way to minimize vulnerabilities to government investigations is to create a good compliance program that is consistent with the corporate culture. Document every practice within the company. Show the reasons behind the ways that the company makes decisions. Train team members on how to work within the framework of the corporate culture. Leaders may want to review guidance from the Department of Justice, and question whether the compliance programs they’ve put in place measure up.
A good tactic may include bringing in a neutral third party who has that credentials to ask the questions that investigators will ask. Create a program that will allow leaders of the organization to respond honestly, with their dignity intact. When making a decision on whether to bring charges against a company, government attorneys will ask:
- Is the program well designed?
- Is the program being implemented effectively?
- Does the compliance program work in practice?
If a company leader can respond to those questions as quickly as he can answer the questions regarding corporate profitability, the leader will have done everything possible to minimize vulnerabilities to a government investigation. In our era of big government, that doesn’t mean a government investigation will not begin. It only means that a company is in as good a position as possible. No one can change past behavior. But we all can work toward minimizing risks in the future.