Posts Tagged With Policy

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Deputy Assistant Attorney General Matt Miner Delivers Remarks at the American Bar Association, Criminal Justice Section Third Global White Collar Crime Institute Conference

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
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Department of Justice Issues Guidance on False Claims Act Matters and Updates Justice Manual

On May 7, 2019, the Civil Division released guidance to the Department’s False Claims Act (“FCA”) litigators explaining how to credit defendants who cooperate during an FCA investigation.  Under the policy, defendants can earn cooperation credit by voluntarily disclosing misconduct unknown to the government, cooperating in an ongoing investigation, and/or undertaking remedial measures.  The guidance explains that cooperation credit will generally take the form of a reduction in the damages multiplier and civil penalties assessed,
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Criminal Division Announces Publication of Guidance on Evaluating Corporate Compliance Programs

On April 30, 2019, DOJ’s Criminal Division released updated guidance for federal prosecutors to assist in the evaluation of corporate compliance programs, updating and expanding upon similar guidance issued in February 2017.  The updated guidance provides an expanded discussion of the hallmarks of well-designed compliance programs in relation to risk assessments, policies and procedures, training, confidential reporting and investigation processes, as well as the management of third-party relationships.  Additionally, the document provides white-collar prosecutors with
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Deputy Attorney General Rod J. Rosenstein Delivers Remarks at the American Conference Institute’s 35th International Conference on the Foreign Corrupt Practices Act

On November 29, 2018, Deputy Attorney General Rod Rosenstein clarified several aspects of the DOJ’s corporate cooperation and resolution policies in remarks at the American Conference Institute’s 35th International Conference on the Foreign Corrupt Practices Act.  With respect to cooperation credit, Rosenstein acknowledged that, when the government alleges criminal conduct that continued at the company over a long period of time, it may not be reasonable or practical to require companies to identify every employee
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Principal Deputy Assistant Attorney General John P. Cronan Delivers Remarks Regarding DOJ Priorities, Policies, and Enforcement Activity

Principal Deputy Assistant Attorney General John P. Cronan of DOJ’s Criminal Division delivered wide-ranging remarks at three separate events in October and November, outlining for audiences the policy rationales and practical considerations of several DOJ policies.  In particular, Cronan highlighted the use of the FCPA Corporate Enforcement Policy as “nonbinding guidance” in non-FCPA cases, stressing the importance of early self-disclosure and the need to provide a “regular and consistent flow” of information as internal investigations
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Assistant Attorney General Brian A. Benczkowski Issues Memorandum on Selection of Monitors in Criminal Division Matters, Delivers Remarks at NYU School of Law

On October 11, 2018, Assistant Attorney General Brian A. Benczkowski issued a memorandum to DOJ’s Criminal Division on the selection of corporate monitors, supplementing 2008 guidance on monitors in relation to deferred prosecution agreements (“DPAs”) and non-prosecution agreements (“NPAs”) with business organizations.  The new memorandum states at the outset that while beneficial in some instances, the imposition of a monitorship will not be necessary in many corporate criminal resolutions, and should generally be favored “only
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Deputy Assistant Attorney General Matthew S. Miner of the Justice Department’s Criminal Division Delivers Remarks at the 5th Annual GIR New York Live Event

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
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Deputy Attorney General Rod J. Rosenstein Delivers Remarks at the New York City Bar’s White Collar Crime Institute and the American Conference Institute’s 20th Anniversary New York Conference on the FCPA

In back-to-back speeches on May 9, 2018, Deputy Attorney General Rod Rosenstein announced a new DOJ policy to address concerns related to “piling on” by multiple agencies and to encourage coordination among DOJ components and other agencies when imposing penalties for the same conduct.  Noting concerns regarding fairness and the risk of excessive punishments, Rosenstein described the policy as “another step toward greater transparency and consistency in corporate enforcement.”  The new policy, as outlined by
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Acting Deputy Assistant Attorney General M. Kendall Day of the Criminal Division Delivers Testimony Before the Senate Committee on the Judiciary

On February 6, 2018, Acting Deputy Assistant Attorney General M. Kendall Day of the DOJ’s Criminal Division testified before the Senate Judiciary Committee, which held a hearing titled “Beneficial Ownership: Fighting Illicit International Financial Networks Through Transparency.”  In his remarks, Day highlighted gaps in anti-money laundering laws that are increasingly exploited through the misuse of corporate structures, referring to the “pervasive use of front companies, shell companies, [and] nominees” as “one of the greatest loopholes”
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Deputy Assistant Attorney General Trevor McFadden Delivers Remarks at Global Investigations Review Conference in Washington, DC

On February 16, 2017, Deputy Assistant Attorney General Trevor McFadden delivered remarks on FCPA enforcement at the Global Investigations Review Conference in Washington, DC.  McFadden’s remarks, delivered 40 years after the passage of the FCPA, described the history of FCPA enforcement and signaled continuity in DOJ’s approach under the new Administration.  McFadden described the past 15 years of FCPA enforcement as a continuous effort under the Bush and Obama Administrations, and signaled continuity with DOJ’s
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Deputy Attorney General Sally Yates Delivers Remarks at International Conference on Foreign Corrupt Practices Act

On November 30, 2016, Deputy Attorney General Sally Yates delivered remarks at the International Conference on the Foreign Corrupt Practices Act.  Yates stated that “we cannot forget that behind every bribe and illegal payment is one or more individuals who knew what they were doing was wrong and nonetheless broke the law,” and noted the need to “ensure that whoever is responsible is held accountable.”  Yates added that “the best way to deter individual conduct
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Acting Assistant Attorney General Renata Hesse of the Antitrust Division Delivers Remarks at Fordham Competition Law Institute’s 43rd Annual Conference on International Antitrust Law and Policy

On September 23, 2016, Acting Assistant Attorney General Renata Hesse spoke at the Fordham Competition Law Institute’s Conference on International Antitrust Law and Policy in New York.  Hesse addressed the transition from “one-off exchanges of information to ongoing, mutually enriching relationships” in the context of cooperation between the United States and other international antitrust authorities, and discussed the benefits that have resulted from greater cooperation.  Hesse said that cooperation benefits not only enforcement agencies by
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Principal Deputy Assistant Attorney General Caroline D. Ciraolo Delivers Remarks Regarding DOJ’s Efforts to Combat Tax Evasion and Individual Accountability

On September 5, 2016, Principal Deputy Assistant Attorney General Caroline D. Ciraolo delivered remarks at the Cambridge International Symposium on Economic Crime regarding DOJ’s efforts to combat tax evasion.  After providing statistics on the DOJ Tax Division’s efforts to prosecute those who evade taxes, Ciraolo turned to the Tax Division’s focus on individual accountability.  Noting that over one year had passed since Deputy Attorney General Yates spoke of the importance of individual accountability in corporate
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Acting Associate Attorney General Bill Baer Delivers Remarks on Individual Accountability at American Bar Association’s 11th National Institute on Civil False Claims Act and Qui Tam Enforcement

In his remarks on June 9, Acting Associate Attorney General Bill Baer highlighted the significance of the qui tam provisions of the False Claims Act and reaffirmed DOJ’s commitment to investigating and charging individuals alongside companies for corporate misdeeds, noting that “companies act through their executives.”  Baer went on to explain DOJ’s expectations regarding corporate cooperation: “companies that are facing FCA allegations and want a settlement to credit their cooperation are expected to disclose all
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Justice Department Proposes Legislation to Advance Anti-Corruption Efforts

On May 5, DOJ announced several proposals it will submit to Congress to amend federal corruption laws focusing on international corrupt actions and federal program bribery.  The Department announced a number of proposals relating to transnational corruption, including proposals to expand the scope of money laundering statutes to permit prosecution of any act of foreign corruption that would be money laundering if committed domestically; permit administrative subpoenas in money laundering cases; increase the power to
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Deputy Attorney General Sally Quillian Yates Delivers Remarks at American Banking Association and American Bar Association Money Laundering Enforcement Conference

On November 16, Deputy Attorney General Sally Quillian Yates gave a speech regarding the implementation of the DOJ’s recent policy initiatives relating to the prosecution of individuals outlined in the “Yates Memo,” issued on September 9, 2015.  The speech also discussed the incorporation of these policy initiatives into the U.S. Attorney’s Manual.  The revisions emphasize “the primacy in any corporate case of holding individual wrongdoers accountable”; list steps prosecutors are expected to take to maximize
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New Compliance Counsel Expert Retained by the DOJ Fraud Section

On November 3, DOJ announced that it retained Hui Chen as a full-time compliance expert. Ms. Chen most recently worked as Global Head for Anti-Bribery and Corruption at Standard Chartered Bank, Assistant General Counsel at Pfizer, Inc., and Director of Legal Compliance for the Greater China Area at Microsoft Corporation. She also previously served as Trial Attorney at DOJ and as an Assistant U.S. Attorney in the Eastern District of New York. In her new
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Assistant Attorney General Leslie R. Caldwell Addresses Second Annual Global Investigations Review Conference

On September 22, Assistant Attorney General Leslie R. Caldwell spoke at the Second Annual Global Investigations Review Conference and expanded upon the policy guidance provided by Deputy Attorney General Sally Yates at NYU Law School on September 10.  AAG Caldwell explained that the new policy guidance “strongly reinforced” DOJ’s ongoing practices with respect to corporate cooperation in DOJ investigations.  She conceded that a company “cannot provide what it does not have” and added that “where
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Deputy Attorney General Sally Yates Delivers Remarks at New York University School of Law Announcing New Policy on Individual Liability in Matters of Corporate Wrongdoing

On September 10, Deputy Attorney General Sally Yates discussed her September 9 memorandum on individual liability in matters of corporate wrongdoing, now known as the “Yates Memo.”  DAG Yates outlined the challenges DOJ has faced in prosecuting individuals involved in corporate wrongdoing but noted the significant benefits such prosecutions bring—for deterrence and improvement of corporate governance, among other areas—and highlighted six policy changes, noting that some were new and some had already been
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DOJ Releases Guidance for Victims of Cyber Incidents

On April 29, DOJ released guidance titled “Best Practices for Victim Response and Reporting of Cyber Incidents,” which outlines steps companies should take before, during, and after an incident, and includes a summary checklist.  The guidance also states DOJ’s position on the legality of a number of monitoring techniques and the illegality of many forms of so-called “hacking back.”  DOJ emphasizes in particular the importance of designing an actionable incident response plan and adhering
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Attorney General Restricts Use of Asset Forfeiture in Structuring Offenses

On March 31, Attorney General Holder announced that DOJ would narrow the circumstances in which it seeks forfeiture in connection with “structuring” offenses.  Structuring occurs when, instead of conducting a single transaction in an amount that would require a financial institution to make a report or maintain a record, a violator conducts a series of currency transactions, purposely keeping each transaction at an amount below the relevant threshold to avoid triggering the record-keeping requirement.  Although
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FBI Establishes International Corruption Squads

On March 30, the FBI announced that it was establishing three dedicated international corruption squads—based in its New York City, Los Angeles, and Washington, D.C. offices—to prosecute both individuals paying bribes and foreign officials that accept them.  The squads will consist of agents, analysts, and other professional staff with experience investigating white-collar crimes and will use court-authorized wiretaps, undercover operations, and informants in order to gather and develop evidence.  The newly announced squads will work
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AAG Caldwell Speaks at Cybercrime 2020 Symposium

On December 4, Ms. Caldwell spoke at the Criminal Division’s inaugural symposium on cybercrime held at the Georgetown Law Center and highlighted two ways in which the Division is addressing cybercrime.  First, Ms. Caldwell emphasized that the Department of Justice is mounting increasingly innovative and cooperative international law enforcement operations to disrupt cyber criminal organizations across the globe.  As examples of these larger, international law enforcement operations, Ms. Caldwell cited the prosecution of a Russian
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AAG Caldwell Speaks at the Launch of the Organization for Economic Co-operation and Development Foreign Bribery Report

On December 2, Ms. Caldwell spoke at the launch of the Organization for Economic Co-operation and Development (OECD) Foreign Bribery Report in Paris, France.  Ms. Caldwell spoke of the “pivotal role” of the OECD Working Group on Bribery and the OECD Anti-Bribery Convention in the “worldwide battle against bribery.”  She also noted the significant U.S. efforts to work with the Working Group partners in combating foreign corruption and the Department of Justice’s “rigorous enforcement” of
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