Shelter-in-Place Orders Pose Challenges for Government Probes

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Shelter-in-Place Orders Pose Challenges for Government Probes
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Investigations into corporate misconduct may take longer as key witness interviews are postponed amid shelter-in-place orders and other restrictions

Some investigative activities, including ones requiring travel or face-to-face meetings, are taking more time, and that could raise concerns for time-sensitive cases, said Daniel Kahn, a senior deputy chief in the U.S. Department of Justice’s criminal fraud section.

Newsletter Sign-up Risk and Compliance Journal Our Morning Risk Report features insights and news on governance, risk and compliance. Mr. Kahn said the Justice Department is deciding whether to conduct interviews via videoconferencing platforms or push them back to a later date on a case-by-case basis—and sometimes even on a witness-by-witness basis.The U.S. Securities and Exchange Commission is also conducting some witness interviews remotely using secure platforms, said Charles Cain, the chief of the agency’s Foreign Corrupt Practices Act unit.

Obstacles posed by the coronavirus are also forcing the government to alter its expectations of how companies respond to investigative inquiries or allocate resources to their compliance programs.

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