Investigations and Enforcement Flashcards
7 cards from real CCEP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Investigations and Enforcement flashcards as text
Which federal sentencing guideline factor allows courts to reduce a company's fine for having an effective compliance program at the time of the offense?
Answer: Culpability score reduction for compliance programs
Under USSG §8C2.5, an effective compliance program can reduce a company's culpability score, directly lowering the applicable fine range.
What is the role of a corporate compliance monitor appointed by a government agency?
Answer: To independently assess and report on the company's compliance program improvements
A compliance monitor independently oversees and reports on whether the company is meeting its remediation obligations under a government agreement.
Which scenario best illustrates a conflict of interest that should disqualify an investigator from leading an investigation?
Answer: The investigator reports directly to the subject of the investigation
A direct reporting relationship between investigator and subject creates a clear conflict that undermines objectivity and must be avoided.
Under SEC whistleblower rules, which condition qualifies an individual for an award?
Answer: Voluntarily providing original information leading to a successful enforcement action exceeding $1 million in sanctions
SEC whistleblower awards require voluntary submission of original information that leads to a successful SEC action resulting in sanctions over $1 million.
When preparing a final investigation report, which element is essential to include to support any disciplinary decisions?
Answer: Specific factual findings, evidence reviewed, and conclusions with supporting rationale
A final report must anchor conclusions in specific facts and evidence with clear rationale so that disciplinary decisions can withstand scrutiny.
A company self-discloses an FCPA violation and fully cooperates with the DOJ. Under current DOJ policy, what is the likely benefit?
Answer: A presumption in favor of a non-prosecution agreement or reduced penalties
DOJ's FCPA Corporate Enforcement Policy creates a presumption of a non-prosecution agreement and recommends significant penalty reductions for qualifying self-disclosures.
What is 'witness sequestration' and why is it used in investigations?
Answer: Keeping witnesses separate before interviews to prevent them from aligning their accounts
Sequestration prevents witnesses from discussing the case with each other before interviews, which helps preserve the independence and reliability of their accounts.