How many articles, speeches or commentary by former high-ranking DOJ officials does it take to realize that the DOJ is frequently misguided?
The latest former high-ranking DOJ official to criticize the DOJ’s current approach to investigating and resolving alleged legal violations by business organizations is David Ogden. Currently a partner at WilmerHale, Ogden previously was the DOJ Deputy Attorney General and prior to that a DOJ Assistant Attorney General.
Touching upon many of the same issues I have been writing about for years – from my 2010 article “The Facade of FCPA Enforcement,” to my 2010 Senate FCPA testimony, to my recent article “Measuring the Impact of NPAs and DPAs on FCPA Enforcement,” in this recent speech Ogden criticizes the DOJ’s “leverage-based” enforcement approach.
The speech is a must read and is excerpted below. Tomorrow’s post will be an episode of the FCPA Flash podcast in which Ogden discusses various aspects of the speech.