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You are viewing ARCHIVED CONTENT released online between 1 April 2010 and 24 August 2018 or content that has been selectively archived and is no longer active. Content in this archive is NOT UPDATED, and links may not function.By Thomas Gorman
A critical part of cooperating with an SEC or DOJ investigation for FCPA or other possible violations is the production of documents. In order for the company to assess what happened it must conduct an internal investigation and interview the necessary witnesses. It is the only way for the company to self–evaluate its own conduct. The SEC and the DOJ are in the same position. To evaluate what happened, government investigators need to assess the conduct through an evaluation of the documents and information from key individuals.While furnishing enforcement officials the critical information may secure cooperation credit and possibly reduce liability in any enforcement action, it can increase potential future liability in other litigation. Chiquita Brands International, Inc. v. SEC,No. 14-5030 (D.C. Cir. Decided July 17m 2015).
Read the complete article at: Cooperation, the SEC and FOIA