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DOJ’s Criminal Division Announces New Pilot Program onVoluntary Self-Disclosure for Individuals

Under the newly announced pilot program, individuals who fully cooperate and voluntarily provide the Criminal Division with information on certain types of corporate and white-collar offenses may receive an NPA in exchange...more

SDNY Launches Whistleblower Program Aimed at Curbing Corporate and Public Corruption Crimes

The newly announced whistleblower policy gives certain individuals who promptly and completely cooperate with prosecutors the opportunity to receive a non-prosecution agreement in exchange for their information....more

Congress Expands DOJ’s Power to Prosecute Corruption with the Foreign Extortion Prevention Act

Adding to federal prosecutors’ tool kit in fighting global corruption, on December 14, 2023, Congress passed with bipartisan support, the Foreign Extortion Prevention Act (FEPA). As part of the National Defense Authorization...more

Federal Prosecutors to Assess Procedures Around Use of Personal Devices and Messaging Applications When Evaluating Corporate...

In a March 3 speech at the ABA’s Annual National Institute on White Collar Crime, Kenneth Polite, chief of the DOJ’s Criminal Division, announced that the Criminal Division’s Evaluation of Corporate Compliance Programs (the...more

New DOJ Policies Tie Employee Compensation to Compliance

On March 15, 2023, the U.S. Department of Justice (DOJ or the Department) launched a three-year Compensation Incentives and Clawbacks Pilot Program (Clawback Program) intended to incentivize companies to create more robust...more

DOJ Announces Major Corporate Enforcement Policies

Monaco’s and Polite’s remarks, and the DOJ’s new policies and guidance, come amid the Department’s increasingly tough on corporate crime approach and emphasis on rewarding companies that have effective compliance programs...more

Confession, Cooperation and Corporate Compliance DOJ Rolls Out Nationwide Standards and Incentives for Voluntary Self-Disclosure

Last week, the Department of Justice (DOJ or the Department) announced the immediate implementation of a new Voluntary Self-Disclosure Policy (the Policy), setting a nationwide standard for how U.S Attorneys’ Offices will...more

Creation of Disruptive Technology Strike Force Signals Further Increased Focus on Enforcement of Export Controls

Seeking to protect critical U.S. technological assets from being acquired or used by nation-state adversaries, last week Deputy Attorney General Lisa Monaco announced the launch of the Disruptive Technology Strike Force....more

DOJ's Newly Revised Corporate Enforcement Policy Incentivizes Robust Compliance Programs, Cooperation and Remediation

On Jan. 17, AAG Polite announced “the first significant changes” to the CEP since 2017. The policy revisions will apply to all corporate criminal matters handled by the Criminal Division and offer companies “new, significant,...more

DOJ Corporate Compliance Certifications Appear to Be Here to Stay

The compliance certification policy was first announced by Assistant Attorney General (Assistant AG) Kenneth Polite in March 2022, when he stated that for all criminal division “corporate resolutions (including guilty pleas,...more

Deputy AG Lisa Monaco Announces Tough-on-Corporate-Crime Updates to DOJ Policies

In prepared remarks delivered at New York University School of Law on Sept. 15, Deputy AG Monaco announced significant updates to the DOJ’s corporate criminal enforcement policies. Deputy AG Monaco’s announcement...more

Combatting Fraud and Corruption in the NFT Market

On Oct. 6, 2021, the U.S. Department of Justice (DOJ) announced the creation of a National Cryptocurrency Enforcement Team to tackle investigations and prosecutions of criminal misuses of cryptocurrency. As the non-fungible...more

Top 5 Digital Asset Litigation and Investigation Trends of 2022

Cryptocurrency and digital assets have kept the courts and regulators busy as digital assets continue to pose new questions and challenges for anyone involved in their sale, trade or development. The following trends have...more

DOJ Criminal Division Head Kenneth Polite Cautions Compliance Crackdown

Key Takeaways - Corporate enforcement and individual accountability are high priorities for new DOJ Criminal Division head Kenneth Polite. Companies should be proactive in implementing, monitoring, and improving their...more

Important Lessons from the DOJ's First Civil Action for CARES Act Loan Fraud

On January 12, 2021, the Department of Justice (the “DOJ”) settled its first civil action for alleged fraud against the Paycheck Protection Program (the “PPP”) – the primary lending program under the Coronavirus Aid, Relief,...more

DOJ Releases First FCPA Advisory Opinion in Six Years

On August 14, 2020, the Department of Justice (the “DOJ”) issued its first Foreign Corrupt Practices Act (the “FCPA”) advisory opinion in almost six years....more

DOJ and SEC Publish New FCPA Resource Guide

On the eve of the July 4th holiday, the Criminal Division of the Department of Justice (the “DOJ”) and the Enforcement Division of the Securities and Exchange Commission (the “SEC”) quietly published the second edition of the...more

DOJ Makes Important Changes to Its Guidance on Evaluating Compliance Programs

On June 1, 2020, the Criminal Division (the “Criminal Division”) of the Department of Justice (the “DOJ” or “Department”) issued revised guidance (the “June 2020 Guidance”) about how it will evaluate corporate compliance...more

[Webinar] Department of Justice - Antitrust and White-Collar Investigations - What You Should Know - October 23rd, 1:00 pm ET

BakerHostetler invites you to join us for an upcoming webinar, Department of Justice - Antitrust and White-Collar Investigations - What You Should Know, offering vital insights into antitrust issues and white-collar...more

Clarity and Transparency: DOJ Issues Updated Corporate Compliance Guide

On April 30, 2019, the Criminal Division of the U.S. Department of Justice ("DOJ") released a new corporate compliance guidance document for prosecutors titled “Evaluation of Corporate Compliance Programs” (“Guidance”)....more

The House Always Wins: The DOJ Reverses Itself On The Wire Act

On January 14, 2018, the U.S. Department of Justice expanded restrictions on online gambling, publicly releasing a November 2, 2018 opinion (the “Opinion”) from its Office of Legal Counsel. The opinion reversed DOJ’s previous...more

DOJ's New Guidance on Monitorships: Reaffirming the Importance of Compliance and Preventing Misconduct

On October 12, 2018, at the NYU School of Law Program on Corporate Compliance and Enforcement Conference, Brian A. Benczkowski, Assistant Attorney General for the Department of Justice’s Criminal Division, announced new...more

Foreign Corrupt Practices Act 2017 Year-End Update

2017 marked the fortieth anniversary of the Foreign Corrupt Practices Act (FCPA), and showed continued robust enforcement against both individuals and companies by the U.S. Department of Justice (DOJ) and the U.S. Securities...more

Foreign Corrupt Practices Act 2015 Year-End Update

Both the United States Department of Justice (DOJ) and the United States Securities and Exchange Commission (SEC) have continued their focus on anticorruption enforcement in 2015. Although there was a decline in enforcement...more

DOJ Attempts to Encourage Corporate Self-Disclosures With the Announcement of a One-Year FCPA Pilot Program

Pursuing a classic “carrot and stick” approach to incentivizing corporate self-disclosure of FCPA violations and individual wrongdoing connected to FCPA violations, the Department of Justice (DOJ) Fraud Section announced a...more

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