Encouraging Corporations to Investigate Potential Misconduct on Their Own – A Comparative View of Israel and the U.S.

The U.S. approach stands in sharp contrast. For much of the past two decades, civil and criminal regulatory agencies in the U.S. have viewed corporate internal investigations as a routine and valuable part of the process by which they identify, investigate, and resolve allegations of corporate malfeasance.

Is Israel taking note of the U.S. approach? A State Attorney Directive issued in October 2019 (the “Directive”) recognizes, for the first time, the value of a corporation’s cooperation in detecting violations of the law and in disclosing them to the enforcement authorities, as well as an internal investigation’s ability to help promote the authorities’ investigation.

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