Cooperation is a mitigating factor by which a corporation (such as a healthcare organization) can receive credit in a case that is otherwise appropriate for indictment and prosecution. Depending on various factors, an organization might gain cooperation credit when a self-report is made.

The credit itself may be in the form of reduced charges or penalties, deferred prosecution agreements or non-prosecution agreements and even an opportunity to modify certain terms of a settlement agreement. The extent of the cooperation credit earned will depend on all the various factors that have traditionally applied in making this assessment, such as the timeliness of the organization’s cooperation, the diligence, thoroughness and speed of the internal investigation, and the proactive nature of the cooperation.

Source: USAM (U.S. Attorneys’ Manual) 9-28.000 – Principles of Federal Prosecution of Business Organizations.

For more information on cooperation credit, contact Linda at 781-272-8001.

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