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Assistant Attorney General Leslie R. Caldwell Delivers Remarks at The George Washington University Law School Regarding Foreign Corrupt Practices Act Enforcement

On November 3, 2016, Assistant Attorney General Leslie R. Caldwell spoke at The George Washington University Law School on the DOJ’s Foreign Corrupt Practices Act enforcement efforts.  Caldwell began by stating that, when she began her term as Assistant Attorney General, three areas of particular importance were “to sharpen the focus of our ongoing fight against international corruption,” “to increase transparency in charging decisions with respect to corporate prosecutions,” and “to encourage and foster meaningful
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Principal Deputy Assistant Attorney General Caroline D. Ciraolo Delivers Remarks at American Bar Association Philadelphia Tax Conference

On November 2, 2016, Principal Deputy Assistant Attorney General Caroline D. Ciraolo delivered remarks at the American Bar Association Philadelphia Tax Conference.  After providing statistics on the DOJ Tax Division’s civil and criminal cases over the last two years, Ciraolo turned to the Tax Division’s current areas of focus.  Ciraolo noted that civil and criminal employment tax enforcement is among the Tax Division’s top priorities.  Ciraolo stated that the Tax Division has filed injunction complaints
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Principal Deputy Associate Attorney General Bill Baer Delivers Remarks at Society of Corporate Compliance and Ethics Conference

On September 27, 2016, Principal Deputy Associate Attorney General Bill Baer delivered remarks at the annual Society of Corporate Compliance and Ethics Conference in Chicago, Illinois.  Baer began by commenting on the importance of compliance departments in “ensuring that companies develop and maintain a culture that values lawful and responsible corporate conduct . . . and identifying possible misconduct at the earliest possible stage and correcting course to minimize damage to the public, to the
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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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Assistant Attorney General Leslie R. Caldwell Delivers Remarks at New York University Center for Cybersecurity

On September 20, 2016, Assistant Attorney General Leslie R. Caldwell spoke at the New York University Center for Cybersecurity on how technology has enabled cyber criminals and the current limitations on the Justice Department’s response to cybercrime.  Caldwell began discussing the similarities and differences between cybercrime criminal enterprises and the more traditional organized crime groups such as La Cosa Nostra in New York City.  Caldwell noted that two recent successful enforcement efforts against cyber criminals—Carder.su
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Principal Deputy Assistant Attorney General David Bitkower Delivers Remarks at American Bar Association Southeastern White Collar Crime Institute

On September 8, 2016, Principal Deputy Assistant Attorney General David Bitkower addressed the American Bar Association Southeastern White Collar Crime Institute to speak about the role of the DOJ Criminal Division, and specifically highlight the Criminal Division’s new approaches with respect to health care fraud, sophisticated financial fraud and FCPA matters.  Starting with health care fraud, Bitkower discussed the Medicare Fraud Strike Force, which operates in nine regions identified as “hot spots” for health care
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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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Principal Deputy Assistant Attorney General Caroline D. Ciraolo Delivers Remarks Regarding Offshore Tax Enforcement Efforts

On August 17, Principal Deputy Assistant Attorney General Caroline D. Ciraolo delivered remarks at the Panama Bankers Association Anti-Money Laundering Conference on the Tax Division’s offshore tax enforcement efforts.  Ciraolo stated that offshore tax enforcement is one of the Tax Division’s highest priorities.  She explained that the one role of the Tax Division is to petition the federal courts to enforce IRS requests for records related to taxpayers’ offshore assets and activities, sometimes through “John
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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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Assistant Attorney General Leslie R. Caldwell Delivers Remarks at the Securities Enforcement Forum West Conference

On May 12, Assistant Attorney General Leslie R. Caldwell addressed the Securities Enforcement Forum about the increasingly globalized nature of white collar crime and the steps the government was taking to address it.  Caldwell explained that, “[w]hen someone defrauds or manipulates a market, we all get rained on, regardless where the wrongdoing happened,” thus necessitating the formation of strong coalitions with foreign enforcement and regulatory agencies.  Caldwell highlighted the recent investigation of two British employees
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Deputy Attorney General Sally Q. Yates Delivers Remarks at the New York City Bar Association White Collar Crime Conference

On May 10, Deputy Attorney General Sally Q. Yates delivered remarks at the New York City Bar Association White Collar Crime Conference.  Yates explained that “holding individuals accountable for corporate wrongdoing has always been a priority for the Department of Justice” because these efforts deter corporate misdeeds and benefit the public.  Defending the six steps laid out in the Yates Memo, she noted that the requirement that corporations “provide all the facts about individual conduct
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Attorney General Loretta E. Lynch Delivers Keynote Address at the 64th Annual American Bar Association Antitrust Law Spring Meeting

On April 6, Attorney General Loretta E. Lynch delivered remarks at the ABA Antitrust Law Spring meeting.  Lynch said that DOJ’s Antitrust Division is being challenged by “an unprecedented swell of mergers coursing through the U.S. economy”—unprecedented not just in number, but in size and complexity.  She said that in 2015, there had been 67 proposed mergers valued at more than $10 billion—more than double the number from 2014.  She added that some of
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Assistant Attorney General Leslie R. Caldwell Speaks at American Bar Association’s 30th Annual National Institute on White Collar Crime

On March 4, Assistant Attorney General Caldwell spoke at the ABA’s Institute on White Collar Crime in San Diego.  Caldwell’s speech focused on the Criminal Division’s efforts “to meet the challenges associated with international investigations in the corporate fraud arena.”  She first highlighted DOJ’s increasing cooperation with its foreign counterparts, pointing to the recent effort through which U.S. authorities and the Public Prosecution Service of the Netherlands reached a coordinated resolution with VimpelCom, the world’s
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Assistant Attorney General Leslie R. Caldwell Delivers Remarks at the 12th Annual State of the Net Conference

On January 25, Assistant Attorney General Caldwell spoke at the State of the Net Conference in Washington. Caldwell said that the essential question underlying DOJ’s work in the cyber area was how to make technology “work for us, and not against us.” She addressed the globalization of cybercrime law enforcement, noting that the FBI had recently embedded three permanent Cyber Assistant Legal Attachés in the United Kingdom, Canada and Australia to help facilitate information-sharing. At
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DOJ Officials Speak at NYU Law About Corporate Liability After the Yates Memo

On January 21, three senior DOJ officials spoke at a forum at NYU School of Law: Virginia Chavez Romano, Associate Deputy Attorney General and Executive Director of the Financial Fraud Enforcement Task Force; Joyce Branda, Deputy Assistant Attorney General, Civil Division; and Sung-Hee Suh, Deputy Assistant Attorney General, Criminal Division. The three officials discussed DOJ’s attitude toward corporate liability, with an emphasis on how last November’s Yates Memo had—and had not—signaled a change in policy.
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First U.S.-China High-Level Joint Dialogue on Cybercrime

On December 1, Attorney General Lynch, along with Department of Homeland Security Secretary Jeh Johnson and Chinese State Councilor Guo Shengkun, co-chaired the first U.S.-China High-Level Joint Dialogue on Cybercrime and Related Issues.  The dialogue sought to enhance cooperation between the two countries on cybercrime and related issues.  The participants established guidelines for requesting assistance relating to cybercrime and responses to such requests; agreed to conduct a tabletop exercise—which simulates emergency scenarios—in spring 2016; agreed
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Assistant Attorney General Leslie R. Caldwell Delivers Remarks at American Conference Institute’s 32nd Annual International Conference on FCPA

On November 17, Assistant Attorney General Leslie Caldwell gave a speech at a conference on the FCPA.  Caldwell observed that the FBI had added three new squads focused on the FCPA and kleptocracy issues, and that DOJ was preparing to increase the size of the Fraud Section’s FCPA unit by 50%.  She then said that she has been trying to increase transparency in charging decisions regarding corporate prosecutions.

Caldwell contrasted the charging decisions in
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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 Speaks at SIFMA Compliance and Legal Society New York Regional Seminar

On November 2, Assistant Attorney General Leslie R. Caldwell emphasized the importance of robust corporate compliance programs when she spoke at a roundtable of compliance professionals.  AAG Caldwell explained that prosecutors consider the strength of a company’s compliance program when deciding whether to bring criminal charges against it, and she provided some guidance about what an effective compliance program looks like.  AAG Caldwell noted that compliance programs could be tailored to the risks faced
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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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Attorney General Loretta E. Lynch Delivers Remarks at the European Cybercrime Center at Europol

On September 16, Attorney General Loretta E. Lynch addressed the European Cybercrime Center at Europol.  AG Lynch began by stating that combatting cybercrime and cyber threats is one of her highest priorities.  She then outlined a series of recent victories in fighting cybercrime that resulted from cooperation among the United States, partner nations and the European Cybercrime Center.  Specifically, she mentioned Operation Onymous, which targeted “dark-market” websites, the takedown of the Daroke hacking forum
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Assistant Attorney General Caldwell Discusses Virtual Currency

On June 26, Assistant Attorney General Caldwell delivered remarks at the ABA National Institute on Bitcoin and Other Digital Currencies.  Caldwell first acknowledged the many efficient uses of virtual currency.  However, Caldwell said, despite virtual currency’s benefits, it also brings new opportunities for criminal activity.  She cautioned that criminals take advantage of virtual currency because transactions are quick, secure, and seemingly anonymous.  Caldwell emphasized that DOJ already has a strong record of prosecuting cases
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