When your or your company is involved in a federal government investigation, you must realize the sometimes not so obvious risks that arise during the course of the investigation. Making the right decision up front is crucial. If you are a federal contractor, you can run the risk of having to repay revenues from the contract and additional statutory fines, or even jail time.
The federal law enforcement agencies have limitless resources and sometimes may challenge you in a case to see who runs out of resources first. At all cost, the wise CEO looks at all of the available options before making a decision about the next steps.
Overcome Initial Reactions
Although the first response may be frustration or fear, both are normal reactions. However, a solid legal counsel should let you know that the long-term effect of a government investigation can be strenuous on the company.
The first plan of action should be to assess the situation, facts of the case or the purpose of the government’s investigation. Second, a viable criminal defense attorney should then look at the options and the long-term effect taking or not taking those options.
Government contractors or corporations involved in a federal investigation may not be initially a target. However, they can quickly become one. The decision to fight the case is usually the initial thoughts for all CEOs. However, the best federal criminal defense attorneys would always suggest to look at all options and not immediately rush to a decision that is not well-reasoned.
Making the right business decision depends upon the current stage of the investigation, any rights that you may have already waived and whether or not the case in the preindictment or post-indictment stage.
Assess All Options
Depending on the facts of each case, sometimes businesses can choose to enter into negotiations with the federal prosecutors at the pre-indictment stage which could mean reduced fines, cooperation with the federal investigators or some other viable outcome. Such an option could be due to CEOs not wanting the company to be dragged through the mud and ruin the company’s public reputation.
Defending the case is always an option. Making sure that the evidence is there to support a sound defense is essential to mounting a solid defense. Usually, litigation will occur after any indictments by a grand jury. Weighing the risks cannot go without discussion.
These are all tough decisions to make. However, understanding the complex criminal and civil paths that a federal prosecutor and take your company down is well worth discussing.
For immediate help with a federal government investigation, call Watson & Associates, LLC for a FREE Initial Consultation at 1-866-601-5518. Speak to Procurement Criminal Defense Attorney, John Scorsine.