Compliance Stuff

On June 9, Deputy Attorney General Todd Blanche released a much-anticipated update to the Trump administration’s plans for enforcement of the Foreign Corrupt Practices Act (FCPA). The  Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act (FCPA)  demonstrate that FCPA enforcement will continue under the Trump administration, but the Department of Justice’s (DOJ) focus will be much different than under prior administrations. Further, the DOJ’s enforcement standards will be different, with guaranteed declination of enforcement for those companies that “voluntarily self-report, cooperate, and remediate,” as established in the revised  Criminal Division Corporate Enforcement and Voluntary Self-Disclosure Policy  (CEP) and articulated by Head of the DOJ’s Criminal Division Matthew Galeotti in his  June 10 remarks . Background The guidelines follow a series of announcements by the administration in February regarding the FCPA. On February...

  On June 10, the head of the US Department of Justice’s (DOJ) Criminal Division, Matthew R. Galeotti, gave a speech before the American Conference Institute (ACI) outlining the DOJ’s white-collar enforcement priorities. Galeotti’s remarks follow the DOJ’s recent revisions to the Criminal Division Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP).   Read our previous alert about the CEP  here .   Galeotti emphasized that if defense counsel representing companies under investigation “do the right thing, report potential crimes, root out misconduct, cooperate with the [DOJ], and help the company remediate ,” then the company will receive “significant benefits.” He highlighted three key points: Companies that “voluntarily self-report, cooperate, and remediate” fraud and other white-collar offenses will receive a declination — not just a “presumption” of declination — unless there are aggravating factors . Galeotti said that he would personally scrutinize ...

 On May 12, Matthew R. Galeotti, the head of the US Department of Justice’s (DOJ) Criminal Division, announced a new white collar enforcement plan, outlined changes to the Corporate Enforcement and Voluntary Disclosure Policy, and added new priority areas to the Corporate Whistleblower Awards Pilot Program Policy . The DOJ also introduced a new corporate monitor selection policy. Below, we highlight what to know about the new White Collar Enforcement Plan and the revised Corporate Whistleblower Awards Pilot Program Policy and what actions you can take today.  Below, we highlight what to know about the new White Collar Enforcement Plan and the revised Corporate Whistleblower Awards Pilot Program Policy and what actions you can take today. What to Know The plan underscores the US government’s “America First” priorities. Foreign organizations may be at increased enforcement risk. The DOJ is committed to investigating and prosecuting bribery, despite the temporary Foreign Corrupt ...

The Justice Department has announced new, more relaxed policies for when it will prosecute corporate crime, promising “a clear path to declination” that bypasses the criminal resolution process entirely for companies that self-disclose and remediate their misconduct.   Matthew Galeotti , acting head of the Criminal Division at the Justice Department,  announced the new policy in a speech he delivered Monday . In many ways the new policy follows previous corporate enforcement policy under the Biden Administration, with an emphasis on voluntary self-disclosure, cooperation with prosecutors, and timely remediation of the offenses.  This new policy goes even further, however, clearly states that companies meeting all three criteria  will  receive a declination, not just the “presumption of a declination” standard that had existed previously.  Galeotti “ Those companies that meet our core requirements — voluntarily self-disclose to the Criminal Division, fully c...