One of the more difficult issues in anticorruption compliance involves due diligence. It can be vexing even in the best of conditions. But often it is made more complicated by business pressures such those that arise in the context of a merger or acquisition or an urgent sales opportunity, which, of course, drive the need for diligence. Under the restrictions of limited time and money, due diligence generally requires many judgment calls, including identifying which resources to invest, what issues to prioritize and how to respond if a problem is identified.
Anticorruption compliance is always fact-intensive—and due diligence is no exception. Moreover, there is no such thing as perfect judgment. So in our experience, it is essential to develop a framework that ensures a consistent approach to weighting the factors that must be assessed, and the corresponding judgments that must be made, to deliver appropriate advice to your client.
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