Can your compliance program withstand the new aggressive focus on corporate crime by the US Department of Justice (DOJ)?
Much has been said about Deputy Attorney General Lisa O. Monaco’s keynote address at the ABA’s 36th National Institute on White Collar Crime. With significantly “surging resources” to assist with complex corporate investigations and the use of more sophisticated data analytics to investigate and prosecute corporate wrongdoing, the DOJ is suggesting companies and their executives can expect more aggressive enforcement from the DOJ.
Below are 4 key takeaways from the manner in which corporations will be expected to behave and will be evaluated going forward—in the context of a US investigation.
Four points were particularly emphasized:
- Companies need to actively review their compliance programs to ensure they adequately monitor for and remediate misconduct — or else it’s going to cost them down the line.
- For clients facing investigations, going forward the DOJ will review their whole criminal, civil and regulatory record — not just a sliver of that record.
- For clients cooperating with the government, they need to identify all individuals involved in the misconduct — not just those substantially involved — and produce all non-privileged information about those individuals’ involvement.
- For clients negotiating resolutions, there is no default presumption against corporate monitors. That decision about a monitor will be made by the facts and circumstances of each case.