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 standard of proof is typically used in internal corporate investigations (as opposed to criminal proceedings)?
Answer: Preponderance of the evidence
Internal investigations generally apply the preponderance of the evidence standard — more likely than not — rather than the criminal standard.
A company receives a government subpoena for documents. What is the compliance officer's most critical initial obligation?
Answer: Issue a legal hold and engage counsel to review scope and privilege issues
Issuing a legal hold and involving counsel immediately protects privilege, ensures scope compliance, and prevents inadvertent spoliation.
Which term describes a regulatory agreement where a company admits to wrongdoing and is sentenced but the sentence is suspended on compliance conditions?
Answer: Plea agreement with probation
A plea agreement with probation involves admitting guilt and receiving a suspended sentence conditioned on meeting compliance requirements.
An anonymous hotline report alleges that a director is accepting gifts from a vendor. Which action best demonstrates a robust compliance investigation process?
Answer: Conduct a structured investigation documenting steps, evidence, and findings
A structured, documented investigation process ensures thoroughness, fairness, and defensibility regardless of how the allegation was submitted.
What is 'parallel proceedings' in the context of corporate investigations?
Answer: Simultaneous civil and criminal proceedings arising from the same conduct
Parallel proceedings occur when the same underlying conduct triggers both civil and criminal government actions simultaneously, requiring coordinated legal strategy.
When interviewing a potential witness in an internal investigation, which technique is considered best practice?
Answer: Use open-ended questions and active listening to gather information
Open-ended questions elicit more complete and unbiased information and reflect professional investigative standards.
The Foreign Corrupt Practices Act (FCPA) enforcement actions most commonly arise from which type of conduct?
Answer: Improper payments to foreign government officials to obtain or retain business
The FCPA prohibits bribing foreign government officials to gain business advantages and is a primary focus of DOJ and SEC enforcement.