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Corporate Cooperation: What it Now Means for Companies and Employees

By Jonathan S. Feld and Kara B. Murphy
December 31, 2014

The U.S. Department of Justice (DOJ) has achieved record-setting penalties. In August 2014, the DOJ announced a nearly $17 billion settlement with Bank of America relating to the financial problems of 2008 ' the largest civil settlement with a single company in American history. Unprecedented penalties were imposed also on: 1) BNP Paribas ' $8.9 billion for money laundering; 2) Alcoa World Alumina ' $384 million for Foreign Corrupt Practices Act (FCPA) violations; and 3) Lloyds Banking Group ' $86 million for antitrust violations. Despite these results, the DOJ has been criticized for a lack of individual prosecutions, particularly in the financial sector and for FCPA violations. A recent series of speeches from senior DOJ officials responded with a renewed emphasis on the prosecution of individuals responsible for corporate misconduct. These speeches are a signal to corporate counsel to stress the importance of, and actions needed for, corporate cooperation and self-disclosure.

Policy Announcements from the DOJ

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