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 investigation and an indictment that was initiated by false allegations against an innocent person?
Take for example the pharmaceutical manufacturer case, Warner Chilcott.
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 illegal payments to physicians. The former president of Warner Chilcott, Carl Reichel, was one of five people criminally charged as part of the investigation. Reichel was charged with bribery. A jury found him not guilty.
According to prosecutors Warner Chilcott’s 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’s 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? How vulnerable are you to a potential criminal investigation or indictment?
Contact me for a complimentary meeting at my office to assess your risks. You can also call me at (312) 659-8441 or email at firstname.lastname@example.org