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DO: Argue that the conduct, though wrong, was isolated and not indicative of the culture at your company. But be accurate. You may not know what’s being said to a grand jury, notes Fisher. DO: Admit past problems, but explain how they aren’t relevant to the current case and aren’t part of a pattern of misconduct. Cite improved controls or new management. DO: Get bad news out quickly. Prompt disclosure is a strong indicator to the government of your good faith. It’s best to get it on the table, says Fisher. DO: Demonstrate that compliance is part of your corporate culture. Cite time spent in developing a program, how employees were trained in it, and how it prevented past wrongdoing. DO: Take swift action to punish wrongdoers, close compliance loopholes, and put new controls in place. Dealing firmly with rogue elements in the company will impress prosecutors. DO: Argue that an indictment will put you out of business, costing your community valuable jobs and hurting employees’ families. We look hard at this, says Fisher. DO: State that you are prepared to accept civil penalties, and argue why this is the better course of action for the government than criminal indictment. DO: Explain how the facts don’t add up to an indictment, citing precedents to back up your claim. Also argue why an indictment would set a bad precedent for the government. DO: Argue that the conduct, though wrong, was isolated and not indicative of the culture at your company. But be accurate. “You may not know what’s being said to a grand jury,” notes Fisher. DO: Admit past problems, but explain how they aren’t relevant to the current case and aren’t part of a pattern of misconduct. Cite improved controls or new management. DO: Get bad news out quickly. Prompt disclosure is a strong indicator to the government of your good faith. “It’s best to get it on the table,” says Fisher. DO: Demonstrate that compliance is part of your corporate culture. Cite time spent in developing a program, how employees were trained in it, and how it prevented past wrongdoing. DO: Take swift action to punish wrongdoers, close compliance loopholes, and put new controls in place. Dealing firmly with rogue elements in the company will impress prosecutors. DO: Argue that an indictment will put you out of business, costing your community valuable jobs and hurting employees’ families. “We look hard at this,” says Fisher. DO: State that you are prepared to accept civil penalties, and argue why this is the better course of action for the government than criminal indictment.

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