The DOJ’s efforts to increase corporate and executive prosecutions is increasingly resulting in parallel criminal and civil FCA proceedings. In this session, leading practitioners will conduct a deep dive into the intricacies of navigating parallel proceedings and strategies to negotiate the best outcome possible. Topics of discussion will include:

• Identifying what factors in the CID or investigative interview suggest a criminal investigation is coming, and how to mitigate this risk without violating ethical or evidentiary rules
  • Considering what non-disclosure of potential criminal intent could mean for future civil settlement negotiations in light of DOJ’s corporate self-disclosure policy
• Tackling the risks of adverse inferences when individuals plead the 5th and incorporating this possibility into settlement negotiations
  • Appreciating the unintended consequence of attracting the attention of the criminal division by pleading the 5th
• Knowing when to hire separate counsel for the individual and the corporation and considering the benefits and pitfalls of entering into a joint defense agreement, including how Upjohn warnings work when there is a joint defense agreement
• Developing unique strategies for settlements where DOJ insists on admissions and appreciating the potential impact of admissions