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When Is Discretion the Better Part of Valor?

By Laurence A. Urgenson, Bradley J. Bondi, and Christopher C. Chiou
December 27, 2006

Counsel for companies faced with criminal violations of securities laws must maneuver carefully through a gamut of factors to determine whether to voluntarily disclose criminal conduct. A corporation may face administrative and criminal sanctions for non-cooperation from both the Department of Justice (DOJ) and the SEC. But the DOJ's 'Thompson Memorandum' also bestows attractive benefits for cooperation, measured in part by the corporation's willingness 'to disclose the complete results of its internal investigation.' The prosecution may grant a corporation 'immunity or amnesty or pretrial diversion' or 'a non-prosecution agreement in exchange for cooperation.'

Cooperation

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