the more likely it is that DOJ and SEC would prosecute Company B. In certain limited
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provided that Company B still exists in a form that would
Company A) will depend on consideration of all the factors in the Principles of Federal Prosecution
even if the foreign company or individual
Company A should carefully vet Consultant and his role in the transaction
Company A may consider conducting due diligence on Consultant
Company A should carefully vet Distributor and Local Partner and their
when a company has pre-existing relationships with distributors and other third parties
Company A requires both finance and compliance
particularly when the risks are readily apparent. Nor can Company A or its employees shield themselves from
the company paid $5.4 million in disgorgement
1989) (Iraqi Trading Company identified as
966 (2009) (“Allowing a company to escape its debts and
ECF No. 1 [hereinafter SEC v. El Paso Corp.] (charging company
Edward Teller (father of the H-bomb) and Henry Ford (founder of the Ford Motor Company).