Corporate compliance, which seeks to curb investigations and prevent criminal prosecutions by state and federal prosecutors, is a form of risk management that is essential in today’s evolving U.S. regulatory and investigatory environment. Independent advice from trial-tested counsel is invaluable in navigating the myriad regulatory and criminal statutes that affect businesses operating in the U.S.

“Doing Business in America in the New Millennium:  Criminal Law Meets Social Responsibility” by Lawrence Schoenbach, highlights significant changes in government oversight.  Published in World Watch (an American Express newsletter for the international business community), the article describes the increasingly aggressive posture that state and federal governments have begun taking toward business. Situations that had previously been treated as civil and regulatory matters have been replaced by grand jury investigations and criminal prosecutions. Contract disputes with government agencies have resulted in charges of fraud, including mail/wire fraud and RICO (Racketeer Influenced and Corrupt Organizations).

With the passage of the Sarbanes-Oxley Act, officers and directors of companies are now subject to criminal liability for what had once been considered normal business decisions. Because their overall business practices have come under the close scrutiny of the criminal divisions of, for example, the SEC and the United States Attorney, the economic survival of a company now depends on how well it prepares to meet this new governmental focus.

Prudent companies will create a corporate compliance program to establish mechanisms that detect and prevent violations of the criminal laws that can jeopardize the entire firm. In addition to creating procedures that will direct well-intentioned staff, it is necessary to isolate the behavior of “renegade” employees so that their malfeasance does not escalate into a corporate crisis.

Under the Foreign Corrupt Practices Act (“FCPA”), corporations are prohibited from making payments to government officials anywhere in the world for the purpose of winning business. For multinationals based outside the U.S., where such statutes do not exist, advice by an American lawyer experienced in the intricacies of these regulations can prove invaluable.

The Law Offices of Lawrence H. Schoenbach has drafted, authored, and developed compliance manuals and conducted employee training programs designed to build corporate cultures that recognize and avoid legal threats.  We understand that there is no such thing as a “standard” corporate compliance program. Success requires an understanding of the client’s objectives and processes in order to create guidelines that will enable a company to engage in normal daily activities without fear of infringing the law.

In situations where a criminal investigation is unavoidable, we can call upon decades of experience in both corporate compliance and criminal defense to ensure the survival of client firms. Through its associations with attorneys around the world, the Law Offices of Lawrence H. Schoenbach offers a global solution to a company’s local problem.

Download our Powerpoint Presentation: Seminar – Corporate Compliance Overview