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Feds to Corporate America: 'The Cops Are Coming'
On Jan. 19, the Department of Justice (DOJ) announced the arrest of 22 individuals as part of a “sting” operation aimed at uncovering violations of the Foreign Corrupt Practices Act (FCPA). As intended, the case got a great deal of publicity due to both the large number of individuals arrested and the manner in which the investigation was handled.
The message delivered personally by Lanny Breuer, the Assistant Attorney General for the Criminal Division who oversees FCPA prosecutions, was clear: “We are going to bring all the innovations of our organized crime and drug war cases to the fight against white-collar criminals.”
When combined with the use of wiretaps in the Galleon hedge fund prosecutions in New York, a series of large health care fraud “takedowns” (arrests) by a DOJ “Strike Force,” and the SEC enforcement chief's public statements about DOJ-like cooperation incentives for individuals, it becomes clear that the government enforcement community is taking a more aggressive approach toward white-collar prosecutions ' one that focuses on large takedowns, individual prosecutions, and law enforcement techniques rather than relying on companies to self-report and conduct internal investigations. As a result, senior company leadership will likely need to refocus the manner in which they deal with DOJ investigations and corporate criminal liability.
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