Compliance &Ethics - Society of Corporate Compliance and Ethics

we used to call the “Watergate Syndrome,”perhaps now the “Martha StewartSyndrome”: people getting caught and prosecutedfor covering up, not for the initialsubject matter being investigated. Don’t do it.Tell the truth.There are no shortcuts here. The truth ofwhat you saw, heard, or did, and remember, isa narrow, precise line. No matter how often orhard someone tries to get you to veer off thatline, resist the “oh, what the heck” tendency.Once you’re off track, it becomes harder andharder to get back on. No matter how manytimes a question is asked, and in howevermany different ways, the truth—and yourtruthful answer—must remain the same.As prosecutors, we used theacronym BOBS: Bring Out theBad Stuff. Whatever the issuesare, you and your lawyer candeal with them. It will be muchharder if they only come outafter you’ve tried to cover up orgloss over the problems.“The Truth” also includes honest mistakesIn a witness environment, the setting, theoath, and the court reporter all combine tomake people feel that they cannot make a mistake.So, when they inevitably do, they panicand either ignore it or try to mold and shapeit into something else. Don’t do it! When youmake a mistake, which every witness does atsome point, keep two things in mind.First, remember the Law of Holes: “Whenyou’re in a hole, stop digging!” Trying to workaround a mistake will ultimately only make itworse. As soon as you realize you made a mistake—howeverthat happens—stop and fix it.The goal is a clear and accurate record, so stopand clarify any mistakes.Second, don’t worry about it. You shouldnot expect to be perfect. Juror #6 doesn’t expectit either. He’s nervous, too. He knows hewould make mistakes, and he does not wantrobots talking to him. Your mistake draws youcloser to him, not further away.2. “The whole Truth”The “whole truth” means both the good stuffand the bad stuff. Both need to come out, andin many situations, the witness must take thelead in bringing them forward.The bad stuffNone of us is perfect, and most of us havethings in our past that are embarrassing ordifficult. The Internet, and its search engines,can make those things live forever. As awitness, some of those things may become relevant,or the questioner will try to make themrelevant. The key is to avoid making the situationworse by trying to hide or be defensiveabout these things. As prosecutors, we usedthe acronym BOBS: Bring Out the Bad Stuff.Whatever the issues are, you and your lawyercan deal with them. It will be much harder ifthey only come out after you’ve tried to coverup or gloss over the problems.The good stuffJust as a witness must take responsibility forbringing out the bad stuff, they must alsobring out the good stuff about themselves,their work, those involved in the litigation,or other matters. The questioner will not ask.It must come from the witness. For example,a wide range of healthcare professionals getup in the morning, get dressed, have somebreakfast, go to work—and then spend the daysaving lives or helping those in need. After awhile, to them, it’s just what they do every day,nothing special to talk about. But to Juror #6,Compliance & Ethics Professional May/June 2012+1 952 933 4977 or 888 277 4977 | www.corporatecompliance.org 45