As a former Assistant U.S. attorney, IRS agent and CPA, I am amazed at how many top executives fail to fully protect themselves from legal problems before a criminal investigation arises! Why risk your career and business reputation – not to mention the needless expenditure of hundreds of thousands of dollars to fight an indictment and an investigation that was initiated by false allegations against an innocent person?
Take for example the pharmaceutical manufacturer case, Warner Chilcott.
In October of 2015, Warner Chilcott agreed to plead guilty to a criminal charge of health-care fraud and to pay $125 million to resolve a Justice Department investigation of its payments to physicians and other practices. The former president of Warner Chilcott, Carl Reichel, was one of five people criminally charged as part of the investigation. Reichel was charged with violating the Federal Anti-Kickback statute. A jury found him not guilty.
According to prosecutors, from 2009 to 2013, Warner Chilcott sales people paid kickbacks to doctors by taking them to free dinners at restaurants and paying them fees to act as “speakers” for the drugmaker in exchange for writing prescriptions. Federal prosecutors had specifically accused Mr. Reichel of directing his company’s U.S. sales force to induce doctors to prescribe Warner Chilcott drugs. Even Warner Chilcott sales managers and district managers testified against Reichel. Reichel’s attorneys argued the conduct of the sales team was not at Reichel’s direction.
After years of being investigated, Reichel lost his job, was indicted, went to trial and spent hundreds of thousands of dollars on his legal team. Additionally, his reputation was dragged in the mud by various media outlets. Reichel was finally acquitted of orchestrating this kickback scheme but only after he lost so much. If you’re an executive, this could happen to you.
My question to you is why would you wait until the investigation and possible indictments to begin to protect yourself? Corporations put in corporate compliance programs to protect the entity, but why don’t executives put in “executive compliance programs” for personal protection?
You are not protected from false allegations made by employees, competitors or the government. Your personal and business reputation is at risk of collapsing. Yes, you are doing your utmost to protect your company, but who is protecting you?
For 30 years, Stone, McGuire & Siegel has successfully represented clients against erroneous charges. We have government law enforcement training and have maintained relationships that give us a unique vantage point from which we can help protect our clients. We know exactly how corporations or the government are going to come after you. With our owner/executive protection program, we put safeguards in place to ensure that they never have a case. We like to think of it as a form of insurance, to ensure that your personal and business reputation is always protected.
Curious? Please fill out this form and we will schedule some time to analyze your risk and how best to protect you against false allegations!