Corporate Criminal Enforcement

 On April 15, the U.S. Department of Justice released The Criminal Division’s Pilot Program on Voluntary Self-Disclosures for Individuals (the “Pilot”) designed to encourage individuals to report certain types of criminal activity in return for protection from prosecution. The Pilot follows the DOJ’s previously announced plan to create a new initiative expanding the existing whistleblower

When the Corporate Transparency Act took effect earlier this month, most commentary rightly focused on the obligations it imposed and the measures necessary to comply with its terms. As part of that analysis, commentators routinely noted the act contains criminal provisions providing for fines and imprisonment. From a defense perspective, the creation of new crimes

As we near the Thanksgiving holiday, we wanted to take a moment to thank you — our readers. Eye on Enforcement has been a fun project for the Bradley’s Government Enforcement and Investigations team. But the ultimate goal of any blog is to be read, and we’re grateful to have so many devoted readers. And

The United States Sentencing Commission recently adopted amendments to its Guidelines Manual, and they include some noteworthy changes. The proposed amendments were submitted to Congress on April 27, 2023. Absent Congressional action to the contrary, they will become effective on November 1, 2023.

Of note, the proposed amendments include the addition of Section 4C1.1 –

Last week, the Sixth Circuit and Supreme Court issued opinions on criminal law that could affect trial and sentencing strategy for white collar defendants in regulated industries.

District court discretion does not override the need for “the perception of fair sentencing” in the Sixth Circuit.

On June 22, 2023, the Sixth Circuit issued an opinion

On March 3, the Criminal Division of the Department of Justice announced a two-part pilot program to encourage corporations to implement compliance programs with provisions for employee compensation incentives and clawbacks designed to prevent corporate crime. Last week, at the American Bar Association’s 38th Annual National Institute on White Collar Crime, Deputy Attorney General

On February 22, 2023 the Department of Justice (DOJ) released a new policy governing self-disclosure of corporate criminal wrongdoing to United States Attorney’s Offices (USAOs). The policy entitled “United States Attorney’s Office Voluntary Self-Disclosure Policy” (the “VSD Policy”) is the latest guidance from the department designed to encourage businesses to report and remediate

Earlier this month, DOJ updated its Corporate Enforcement Policy (CEP). Aimed at encouraging companies to voluntarily disclose unlawful conduct, the updated CEP gives greater opportunities to companies to avoid charges altogether or to get more cooperation credit.

First Significant Changes in Over Five Years

On January 17, 2023, DOJ announced what Assistant Attorney General Kenneth

On November 15, 2022, the Securities and Exchange Commission announced the results of its Division of Enforcement activity for the 2022 fiscal year.  Actions speak louder than words and—while the Commission issued several significant “proposed rules” during the past year, including enhanced disclosures about Environmental, Social, and Governance (ESG) investment practices and new disclosure rules

On September 15, Deputy Attorney General Lisa Monaco announced revisions to the Department of Justice’s corporate criminal enforcement policies. In her speech at New York University and subsequent memorandum (the “Monaco Memo”), Monaco outlined this updated guidance, which focused on individual accountability, prior misconduct, voluntary self-disclosures, monitorships, and compensation structures that promote compliance.

Overview and