COMPLIANCE PROGRAMS MUST CHANGE
Recent corporate fraud prosecutions show that many major companies' compliance
programs, as presently structured, are failing. Respected and well-intentioned
corporate executives are encountering prosecutors who are investigating
conduct once thought to constitute mere civil violations. The lapse in
programs can often be attributed to two key issues for which compliance
officers cannot be faulted. First, compliance programs operating strictly
resources are leaving significant gaps in compliance coverage. Often, corporate
management may not realize an ethical question exists because they
are following long-time
company or industry practices or they are simply too close to the issue.
Second, and importantly, corporations are making business decisions without
appreciation of the prosecutor's perspective of the business world.
COMPANIES MUST PROACTIVELY DETECT AND PREVENT LEGAL VIOLATIONS
Prosecutors and management view business issues differently. While business
decisions require close judgment calls, prosecutors see the world as black
and white. Corporate counsel are frequently asked to evaluate whether a business
practice is "defensible." In order to avoid the multi-million dollar
consequences of a criminal investigation, businesses must also consider
whether the practice, even if defensible, runs too great a risk the prosecutor
will see it differently.
THE PROSECUTOR'S PERSPECTIVE IS VITAL
Recognizing that prosecutors and federal agents look at issues differently
than the business community, The PREVENE Group employs former federal prosecutors
and agents to enhance companies' corporate governance and compliance programs.
With years of investigative experience, The PREVENE Group brings the knowledge,
insight and ability to look at business decisions from the prosecutor's
perspective and to fully enable a compliance program to identify, and stop,
criminal conduct before it starts.
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