CCCP Government Investigation Response 5

Question 1

What is 'spoliation of evidence' and what are its potential consequences in a government investigation?

Accepted Answer

The intentional or negligent destruction of relevant evidence, potentially resulting in adverse inference instructions or sanctions

Answer

Spoliation—destroying or altering relevant evidence—can result in court-imposed sanctions including adverse inference instructions, striking of defenses, or even default judgment.

Question 2

Which of the following best describes the 'cooperation credit' framework under the USAM (United States Attorneys' Manual)?

Accepted Answer

A discretionary credit rewarding companies that assist the government by disclosing facts and identifying responsible individuals

Answer

Cooperation credit under the USAM is discretionary and depends on the quality and timeliness of the company's assistance, including disclosure of facts about culpable individuals.

Question 3

When government investigators seek to interview a company's employees, what should compliance counsel advise regarding individual employee rights?

Accepted Answer

Employees should be informed they may retain personal counsel and have the right to decline voluntary interviews

Answer

Employees have the right to retain personal counsel and are not legally required to submit to voluntary government interviews, and compliance counsel should inform them of these rights.

Question 4

What is the purpose of a 'privilege log' in responding to a government subpoena?

Accepted Answer

A log identifying documents withheld from production and the specific privilege claimed for each

Answer

A privilege log must identify each withheld document by description, date, author, and recipient, and state the privilege claimed, allowing the government to challenge specific assertions.

Question 5

Under the Foreign Corrupt Practices Act (FCPA), what constitutes a 'government official' for purposes of the anti-bribery provisions?

Accepted Answer

Any officer or employee of a foreign government or public international organization, or any person acting in an official capacity

Answer

The FCPA's definition of 'foreign official' is broad, encompassing any officer or employee of a foreign government at any level, state-owned enterprises, or public international organizations.

(CCCP) Certified Corporate Compliance Professional Practice Test

(CCCP) Certified Corporate Compliance Professional Practice Test

CCCP Government Investigation Response 5