Corporate Internal Investigations
Corporate Internal Investigations may involve crimes committed either by a business entity or corporation. A corporate crime can also be committed by individuals that may be recognized as being part of the corporation. A corporate crime is the act of its staff and not necessarily be authorized or ratified by its officials but rather that the officials were exercising customary powers on behalf of the corporation. Attorney-client communications are also handled in a specific manner to avoid further problems for an individual and corporations involved in a Corporate Internal Investigation.
When an individual or corporation is involved in a Corporate Internal Investigation it is important to seek legal advice from experienced white collar criminal defense attorney as soon as possible. A civil litigation is sometimes a source of information for the government and can put the company on the government's radar. Contact our experienced NY criminal defense attorneys today at 212-736-3900
Corporate Internal Investigations may encompass a number of charges such money laundering and fraud.
Corporate Internal Investigation schemes range from acts committed by individuals involved in money laundering, fraud, antitrust and securities improprieties, international trade and breaches of the Foreign Corrupt Practices Act, government contracts, health care and environmental crimes.
Some of the crimes that can be related to Corporate Internal Investigations are, but not limited to,
money laundering, bribery, corruption and cybercrime.
In 1909, the United States Supreme Court overruled the common law doctrine of corporate criminal immunity with its landmark decision in New York Central & Hudson Railroad Co. v. United States. Due to this ruling, a corporation may be held liable for the illegal acts of its agents or employees if such acts are committed (1) within the scope of employment, and (2) with an intent to benefit the corporation. These are only some of the laws that require the company to affirmatively conduct an investigation and, if appropriate, make a disclosure:
• The Sarbanes Oxley Act
• Security and Exchange Commission (SEC) Guidelines
• Financial Industry Regulatory Authority (FINRA) Guidance Regarding Credit for Extraordinary Cooperation (Notice 08-07) and Sanctions Guidelines
• The Federal and state False Claims Acts
• The Foreign Corrupt Practices Act (FCPA)
• Federal and state Equal Employment Opportunity laws
• Wage and hour statutes.
The penalties and punishment for individuals and corporations found to be guilty of white collar crimes can be substantial. They can include imprisonment, sanctions, loss of professional license and heavy fines awarded to whistleblowers.
There are various defenses available to violations that may be discovered in a Corporate Internal Investigation. They are dependent on the alleged violations and actions by an individual during the Corporate Internal Investigation.
Corporations are subject to civil enforcement and criminal prosecution under a wide array of federal and state laws, including the Sherman Antitrust Act, the Federal False Claims Act, the Wire and Mail Fraud Acts, the Foreign Corrupt Practices Act, and securities, environmental and employment laws.
Reported on the IRS website, “On Feb. 27, 2014, in Boise, Idaho, Elaine Martin, of Meridian, Idaho, the former president and majority stockholder of MarCon, Inc., was sentenced to 84 months in prison, three years of supervised release and ordered to pay $98,825 in restitution to the IRS and $32,575 to the Idaho Disadvantaged Business Enterprise (DBE) Program. Martin was convicted by a federal jury on Sept. 19, 2013, on 22 criminal counts, including filing false individual and corporate tax returns, conspiracy to defraud the United States, wire fraud, mail fraud, false statement, interstate transportation of property taken by fraud, conspiracy to obstruct justice and obstruction of justice.”
If you are facing a Corporate Internal Investigation, a government investigation or some other enterprise corruption violation, you need to speak with a white collar defense attorney who can explain what to expect and will aggressively defend you to get the best possible result. The Blanch Law Firm has been fighting for our clients’ freedom for years. Contact our expert New York criminal defense attorneys today by calling 212-736-3900