On May 12, 2025, Matthew Galeotti, Head of the Department of Justice’s (DOJ) Criminal Division, unveiled a comprehensive white collar enforcement strategy titled “Focus, Fairness, and Efficiency in the Fight Against...more
5/19/2025
/ Compliance ,
Compliance Monitoring ,
Cooperation ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Foreign Corrupt Practices Act (FCPA) ,
National Security ,
Voluntary Disclosure ,
Whistleblowers ,
White Collar Crimes
On November 12, 2024, the DOJ Antitrust Division updated its Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (ECCP), which was initially issued in 2019. The ECCP provides guidance to...more
11/21/2024
/ Algorithms ,
Antitrust Investigations ,
Antitrust Violations ,
Artificial Intelligence ,
Chief Compliance Officers ,
Civil Liability ,
Compliance ,
Corporate Crimes ,
Corporate Culture ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Electronic Communications ,
Employee Training ,
Guidance Update ,
Risk Assessment ,
Technology ,
Training
In response to compliance officer personal liability concerns and increasing SEC regulations, Commissioner Peirce proposed the creation of a compliance advisory committee, which would bring together SEC regulators and...more
11/4/2024
/ Advisory Committee ,
Compliance ,
Continuing Legal Education ,
Corporate Misconduct ,
Corporate Officers ,
Criminal Liability ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Investment Adviser ,
Liability ,
Personal Liability ,
Securities and Exchange Commission (SEC) ,
State Bar Associations
There was a flurry of DOJ whistleblower program activity over the last two weeks as the U.S. Attorneys’ Offices for the Eastern District of New York (EDNY Program), District of New Jersey (DNJ Program), Southern District of...more
9/26/2024
/ Cooperation ,
Corporate Counsel ,
Corporate Crimes ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Financial Fraud ,
Non-Prosecution Agreements ,
Pilot Programs ,
Public Corruption ,
Risk Management ,
Securities Violations ,
U.S. Attorney ,
Voluntary Disclosure ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
DOJ has introduced the new three-year Pilot Program, managed by the Criminal Division’s Money Laundering and Asset Recovery Section, effective August 1. Under this Pilot Program, whistleblowers meeting certain criteria may be...more
8/9/2024
/ CFTC ,
Compliance ,
Corporate Crimes ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Federal Pilot Programs ,
FinCEN ,
Pilot Programs ,
Securities and Exchange Commission (SEC) ,
Self-Reporting ,
Voluntary Disclosure ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
In a recent interview with Law360, Securities and Exchange Commission (SEC) Enforcement Director Gurbir Grewal reiterated the agency’s commitment to the encouragement of voluntary self-reporting, going as far as to say that...more
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
Building on the recent passage of the Foreign Extortion Prevention Act (FEPA), at the American Bar Association’s 2024 National Institute on White Collar Crime conference in San Francisco earlier this month (2024 ABA...more
3/19/2024
/ American Bar Association (ABA) ,
Anti-Corruption ,
Bribery ,
Cooperation ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Federal Pilot Programs ,
FEPA ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Fraud ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
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
1/5/2024
/ Amended Legislation ,
Biden Administration ,
Bribery ,
Compliance ,
Corruption ,
Criminal Liability ,
Department of Justice (DOJ) ,
Extortion ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Jurisdiction ,
National Security ,
NDAA ,
Public Officials ,
Transparency
In an important policy announcement aimed at rewarding robust due diligence and compliance programs, DOJ announced that acquiring companies that promptly and voluntarily disclose criminal misconduct discovered at the acquired...more
10/10/2023
/ Acquisitions ,
Antitrust Division ,
Compliance ,
Cooperation ,
Corporate Crimes ,
Corporate Misconduct ,
Deadlines ,
Department of Justice (DOJ) ,
Disgorgement ,
Due Diligence ,
Enforcement ,
Mergers ,
National Security ,
Policies and Procedures ,
Policy Statement ,
Remediation ,
Restitution ,
Safe Harbors ,
Voluntary Disclosure
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
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
3/30/2023
/ Chief Compliance Officers ,
Clawbacks ,
Compliance ,
Corporate Crimes ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Dodd-Frank ,
Executive Compensation ,
Incentives ,
Pilot Programs ,
Preemption ,
Section 10D ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
State Labor Laws ,
Wage and Hour
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
3/7/2023
/ Chief Compliance Officers ,
Compliance ,
Compliance Monitoring ,
Cooperation ,
Corporate Crimes ,
Corporate Culture ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Electronic Communications ,
Enforcement Priorities ,
Executive Compensation ,
Monaco Memo ,
Self-Disclosure Requirements
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
10/21/2022
/ Certification Requirements ,
Certifications ,
Chief Compliance Officers ,
Compliance ,
Corporate Crimes ,
Criminal Convictions ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Guilty Pleas ,
Non-Prosecution Agreements ,
Plea Agreements
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
9/21/2022
/ Compliance ,
Compliance Monitoring ,
Corporate Crimes ,
Corporate Culture ,
Corporate Misconduct ,
Corporate Monitoring ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Personal Liability ,
Voluntary Disclosure ,
White Collar Crimes
On March 3, 2022, Attorney General Merrick B. Garland delivered a speech at the ABA Institute on White Collar Crime that underscored the Department of Justice’s (DOJ) commitment to prosecuting corporate crime and holding...more
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
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
1/27/2021
/ CARES Act ,
Civil Liability ,
Civil Monetary Penalty ,
Corporate Counsel ,
Damages ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
False Statements ,
FIRREA ,
Fraud ,
Loans ,
Paycheck Protection Program (PPP) ,
SBA ,
White Collar Crimes
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
In March 2020, the U.S. government took extreme measures to crack down on the spread of COVID-19, including largely shutting down international air travel. However, no quarantine, lockdown, or social distancing measure...more
Join BakerHostetler’s White Collar, Investigations and Securities Enforcement and Litigation team for a complimentary webinar on trends and predictions for 2019 in the cross-border government investigations and enforcement...more
4/25/2019
/ CFTC ,
Compliance ,
Continuing Legal Education ,
Criminal Investigations ,
Cross-Border ,
Defense Strategies ,
Department of Justice (DOJ) ,
Enforcement ,
Enforcement Authority ,
Foreign Nationals ,
Government Investigations ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Strategic Enforcement Plan ,
Webinars ,
White Collar Crimes
BakerHostetler’s White Collar, Investigations and Securities Enforcement and Litigation team is pleased to release its 2018 Year-End Cross-Border Government Investigations and Regulatory Enforcement Review, a resource for...more
4/3/2019
/ Blockchain ,
CFTC ,
Corruption ,
Cross-Border ,
Cryptocurrency ,
Cyber Crimes ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Foreign Corrupt Practices Act (FCPA) ,
General Data Protection Regulation (GDPR) ,
Initial Coin Offering (ICOs) ,
Money Laundering ,
Popular ,
Securities Fraud ,
Trade Secrets ,
Whistleblowers
As the first year of a new administration, 2017 was a year of transition in terms of both leadership and priorities of U.S. law enforcement agencies. Despite these changes, however, pre-existing trends in cross-border...more
3/22/2018
/ Anti-Corruption ,
Bribery ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Financial Conduct Authority (FCA) ,
Guilty Pleas ,
Money Laundering ,
Office of Foreign Assets Control (OFAC) ,
Sanction Violations ,
Securities and Exchange Commission (SEC) ,
Serious Fraud Office (SFO) ,
Spoofing ,
UK ,
Whistleblowers
Welcome to BakerHostetler’s 2017 Mid-Year Cross-Border Government Investigations and Regulatory Enforcement Review. This edition delivers news, analysis and insights into key developments in the cross-border investigations...more
9/20/2017
/ Anti-Money Laundering ,
CFTC ,
Corporate Counsel ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Export Controls ,
Joint Comprehensive Plan of Action (JCPOA) ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
SFO ,
UK ,
Whistleblowers
Halfway through 2016, the international community has seen a staggering variety of cross-border investigations and enforcement actions. Brexit, the release of the Panama Papers, allegations of widespread sports doping and the...more
9/16/2016
/ Broker-Dealer ,
CFTC ,
Corporate Counsel ,
Department of Justice (DOJ) ,
EMIR ,
Export Controls ,
Financial Conduct Authority (FCA) ,
Financial Industry Regulatory Authority (FINRA) ,
FinCEN ,
Hackers ,
Money Laundering ,
Panama Papers ,
Popular ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Spoofing ,
UK