Insiders Tsao, Soltes and Kahn Share Insights on Investigations

Although there is no shortage of legal textbooks on most legal topics, practical knowledge on how things actually work can be hard to come by, especially when it comes to modern corporate criminal investigations and prosecutions, which is an area unlike others. “You can’t go to the common law and read judicial opinions to figure out this area of practice. For example, to understand how to do a presentation to the DOJ on the appropriate resolution, you need to have inside knowledge on what questions the DOJ wants answered,” said Leo Tsao, partner at Paul Hastings. He and two of his colleagues, Dan Kahn, partner at Davis Polk and former Chief of the Fraud Section at the DOJ, and Eugene Soltes, professor at Harvard Business School, have a written a book designed to fill that gap in knowledge and practice, “Corporate Criminal Investigations and Prosecutions” (Aspen Publishing 2022). This article provides the book’s highlights from Kahn, Soltes and Tsao, who was Principal Deputy Chief of the DOJ’s Money Laundering and Asset Recovery Section, as well as their take on current enforcement trends and the all-important topic of data analytics. For additional insights from Kahn, see “Can Compliance Certifications Empower CCOs?” (Jul. 14, 2022).

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