Avoiding Prison in IM Investigations
Google is reportedly under investigation by the FTC, US Department of Justice, states of Texas, New York, Ohio and California, the US Congress, and the European Union.
Not surprisingly, Google is resisting Congressional requests for its top officers, Larry Page and Eric Schmidt, to appear and testify.
What to do if you get a call or request from any government agency? Even if you are not the target of the investigation.
Two things.
First, get a lawyer. Probably no surprise there. But this may be - even if it is an FTC civil issue, consider also talking to a criminal lawyer. Buying an hour or two of advice can be invaluable.
Second, do not say anything until you speak with a lawyer. This is where it can get really, really messy.
There is always someone who proclaims they will provide any information requested because "they have nothing to hide". Big mistake.
Martha Stewart said "I am innocent" of insider stock trading. Later, she went to prison for "obstruction of justice" because the government claimed, in part, her "I am innocent" statement was false. She was never convicted of insider trading.
Barry Bonds was found guilty of "obstruction of justice" for denying steroids use. He was never convicted of steroids use.
Have nothing to hide? What if you forget something? What if you misspeak?
You may be pressed hard to provide information, and you will not want to look like you have something to hide.
But keep in mind that your biggest risk may not be what is being investigated. That may only result in money being paid. Your biggest risk is how you handle the investigation. That can result in prison time.
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