Responding to Corporate Criminal Investigations, with 2015 Supplement

This desk reference provides defense counsel and corporate executives with an insider’s roadmap to every stage of the investigative process. Its nuts-and-bolts guidance covers everything from document collection, retention, and production to legal doctrines imposing criminal liability on corporations and their employees.



The dramatic increase in federal investigations and prosecutions of corporations and their employees has brought countless challenges to corporate counsel responsible for responding to government inquiries. Corporate counsel must be well armed to combat these challenges at each stage of a criminal investigation or prosecution, from document collection, retention, and production, to legal doctrines imposing criminal liability on corporations and their employees. Now, a former federal prosecutor and a former SEC enforcement attorney, collectively with decades of experience in both bringing and defending against such cases, have teamed up to share their expertise in responding to federal government investigations and developing proactive strategies to prevent and mitigate corporate criminal liability.

Responding to Corporate Criminal Investigations is an essential resource for defense counsel and corporate executives. The authors provide an insider’s roadmap, based on their own experiences with a wide variety of federal cases, for counsel and professionals to navigate every stage of the investigative process. A true desk reference, Responding to Corporate Criminal Investigations covers all of the essential topics, including:

  • The bases for corporate criminal liability and the fundamentals of prosecution
  • Best practices for responding to government inquiries
  • Subpoenas and warrants
  • Managing documentary evidence
  • Maintaining attorney-client privilege
  • Negotiating corporate plea agreements
  • Corporate indemnification and insurance
  • The expanded use of corporate monitors and deferred and non-prosecution agreements 

The resource also provides discussion of the complex steps for conducting an effective and efficient internal investigation, including the methods used and practical tips to avoid the pitfalls most often encountered. Recognizing that many times corporations face simultaneous inquiries by the SEC, the treatise also includes relevant considerations for defending parallel proceedings and understanding the impact of a multi-faceted investigation.


Updates in the 2015 Supplement include:

  • Developments in the attorney-client privilege doctrine, which has heightened concerns about how the privilege applies during internal investigation
  • Evolutions in search warrant law as courts attempt to stay abreast of modern technolog
  • The increased use of non-prosecution and deferred prosecution agreements as alternative forms of resolving corporate criminal investigations
  • The growing importance of whistleblower protection laws


Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.
Kirby D. Behre is a Member of Miller & Chevalier's Litigation department. Throughout his 25 years of practice, Mr. Behre has developed a depth of experience ranging from the corporate boardroom to the courtroom.

Morgan J. Miller is a partner in the Litigation practice of Paul Hastings, based in the firm’s Washington, DC office. He is a former SEC enforcement lawyer whose practice focuses on securities enforcement and compliance matters, internal investigations and securities litigation.


View full tables of contents and read the book’s preface or introduction.


Read what others have to say about this Bloomberg BNA book.

[This] book is an extremely comprehensive study of corporate criminal law … a thorough and well-researched view on the topic, presented in an organized and approachable manner.

Christine Bowersox

Law Library Journal Volume 106:2, 2014