Timing is everything. The need for taking proactive steps to protect owners and executives, in addition to your business, has never been greater.
The need for prompt action is the result of a NEW U.S. Department of Justice (DOJ) policy that requires all Federal prosecutors to build criminal cases against culpable owners, executives and employees, as well as the company itself, from the start of every criminal investigation. In the past, the focus was often only on the company rather than on individuals. Because of this new policy, owners and officers of companies will no longer be able to avoid individual criminal liability through the company payment of a fine. Therefore, in order to protect yourself individually, it is imperative that you immediately and proactively implement an Owner, CEO/Executive Protection Plan to assure that you personally have a sound defense before any possible federal criminal investigation begins.
An example of how this DOJ policy has been implemented is the recent DOJ indictment of six executives of Volkswagon in connection with environmental fraud. Although the company pled guilty to criminal charges and will be required to pay $4.3 billion in criminal and civil penalties, individual corporate executives have already been indicted and more indictments of individuals may follow. As you can see, the payment of a large corporate fine did not prevent the indictment of six individual corporate executives.
For over 25 years we have successfully implemented Owner CEO/Executive Protection Plans. We have created individualized programs for each client, which have been successful in limiting not only the company’s potential civil and criminal liability but also the potential personal liability of the company’s owners, CEO and corporate executives. We are able to protect owners, executives, employees, and the company itself through the creation and implementation of programs that: (1) clearly establish the company’s commitment to comply with the law; (2) establish standards of conduct; (3) create an ongoing program of educating owners, management and employees on the requirements of adhering to the law; and, (4) establish an ongoing oversight process that is designed to help the company detect and report wrongdoing. The implementation of this program results in the protection of owners and management from any baseless allegation that they were participants in civil or criminal wrongdoing.
What sets our law firm apart from other law firms is our unique backgrounds as proactive, investigative lawyers. We are lawyers who owe our success to the training that we received while working for the United States Government. Our law firm includes former federal prosecutors, former IRS Agents and criminal investigators, Certified Fraud Examiners, and CPAs. Because of this training, we are not the typical law firm that waits for the Government to act when there is imminent potential danger. Nor are we the type of law firm that uses a standardized one size fits all protection plan. On the contrary, our background and experience has taught us the value of being creative in actively and proactively investigating the potential criminal risk areas that could affect you based on your particular business. Facts win cases. We know how to find, analyze and apply the facts that relate to your particular business in the most effective and cost efficient manner, which will result in a program designed uniquely for you to protect you and your reputation. From our experience, we know that this approach works. The implementation of our program has resulted in the protection of our clients from criminal prosecution.