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What to Expect from the Next Era In White-Collar Enforcement
In 2022, the Department of Justice demonstrated its willingness to initiate aggressive prosecutions against corporations and individuals, in a variety of industries and sometimes with novel tactics. Notable actions included those alleging antitrust violations in the poultry industry, fraud in connection with crypto assets and pandemic relief, and illicit support of foreign nations and terrorist groups.
In these cases, the DOJ focused on two goals: holding individuals accountable and facilitating corporate cooperation. Moreover, in February 2023, in a significant update to its corporate criminal enforcement policies and procedures, the DOJ announced a voluntary self-disclosure policy applicable in all U.S. Attorney's Offices nationwide. Below, we discuss the DOJ's recent pronouncements and recent cases with an eye toward identifying trends that companies should keep in mind when preparing for the next enforcement era.
|DOJ Policy Statements On Corporate Cooperation and Other Best Practices
On Sept. 15, 2022, Deputy Attorney General Lisa Monaco issued a memorandum (Monaco Memo) outlining new guidance regarding DOJ enforcement goals. According to Monaco, the DOJ's first priority in prosecuting corporate criminal matters is holding individuals accountable who commit and profit from their crimes. Corporations seeking cooperation credit "must disclose to the [DOJ] all relevant, nonprivileged facts about individual misconduct" on a "timely basis." In particular, Monaco stressed the importance of voluntary corporate self-disclosure of misconduct.
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