On June 27, 2019, Deputy Assistant Attorney General Matt Miner delivered remarks at the ABA Criminal Justice Section’s Third Global White Collar Crime Institute, discussing the importance of international cooperation and transparency in white-collar investigations. Miner emphasized the increasing importance of collaboration between authorities in cross-border investigations, including investigations into bribery, investment schemes, computer hacking, and complex money laundering. Further, Miner discussed the impact of increased cross-border activity on the availability of evidence, stating that DOJ will not ask a company to break foreign laws that prohibit disclosure, but does expect companies to provide more than a “blanket assertion of non-disclosure” and cooperate with the Department to find solutions.
Additionally, Miner highlighted the importance of showing companies that they would be treated fairly by enforcement agencies, pointing to DOJ’s “anti-piling on” policy and explaining that DOJ guidance on corporate compliance programs rejects “one-size-fits-all” concepts, and instead seeks to account for differences in industry and geography. Miner also referenced DOJ’s efforts to enhance transparency through efforts such as the publication of FCPA declination letters.