On September 27, 2018, Deputy Assistant Attorney General Matthew S. Miner delivered a speech to attendees of the Global Investigations Review’s annual conference in New York, addressing recent Criminal Division policy developments and providing an overview of the Division’s white collar enforcement activity during Fiscal Year 2018. Miner highlighted the late-2017 rollout of the Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy and extension of the Policy in early 2018 as “nonbinding guidance” to non-FCPA corporate investigations. He noted several recent examples where self-disclosure, cooperation, and compliance enhancements resulted in declinations or reduced penalties. Miner also discussed the Division’s recent decision to apply the Corporate Enforcement Policy to companies that discover potential FCPA and other criminal violations through merger and acquisition due diligence. He explained that an acquiring company with robust compliance policies and practices already in place is in a position to “right the ship” by applying stronger practices to the acquired firm and bringing a halt to misconduct. Finally, Miner addressed the Division’s recently announced policy on coordination of criminal resolutions with other U.S. and foreign authorities to avoid so-called “piling on,” and outlined recent examples of coordinated enforcement.
In addition to discussing policy changes and developments from the past year, Miner provided preliminary statistics for the Criminal Division’s enforcement activities with regard to the FCPA, securities and financial fraud, and healthcare fraud. Miner reported slightly reduced year-on-year aggregate FCPA enforcement activity in terms of corporate resolutions; of note, he reported that the FCPA Unit has five trials scheduled over the next several months in individual cases, and more broadly emphasized the Division’s continued focus on individual accountability. Miner reported increased enforcement activity by the Securities and Financial Fraud Unit, as well as record-breaking activity by the Health Care Fraud Unit stemming in part from large-scale takedowns and the efforts of an interagency Strike Force.