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
Corporate Criminal Enforcement
New DOJ Policy Provides Greater Predictability for Voluntary Disclosure of Misconduct
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…
DOJ Expands Availability of Declinations with Disgorgement for Corporations that Self-Disclose Misconduct
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…
Securities and Exchange Commission Announces FY 2022 Enforcement Results
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…
DOJ Announces Updated Guidance on Corporate Criminal Enforcement
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.