Issues To Consider From The Boston Consulting Group Enforcement Action
This previous post highlighted the recent $14.4 million Foreign Corrupt Practices Act enforcement actions against Boston Consulting Group (BCG) concerning conduct in Angola.
This post highlights additional issues to consider.
Voluntary Disclosure
The DOJ’s “declination with disgorgement” letter mentions “BCG’s timely and voluntary self-disclosure of the misconduct, which occurred after BCG uncovered evidence, in the form of a 2014 email, of a potential FCPA violation.”
Principal Associate Deputy AG Marshall Miller On …
Recently, Principal Associate Deputy Attorney General Marshall Miller delivered this speech.
He focused his remarks on “how today’s world demands that the Department of Justice expand, innovate, and modernize our corporate enforcement efforts to meet the moment, and how the private sector can also adapt to combat misconduct and promote compliance.”
Miller began:
Acting Assistant Attorney General Argentieri On …
Another day, another speech by a DOJ official.
Recently, Acting Assistant Attorney General Nicole Argentieri delivered this speech in which she discussed the following topics: foreign law enforcement cooperation, corporate cooperation, compensation incentives and clawbacks, voluntary disclosure, and the DOJ’s recent “safe harbor” policy in connection with merger and acquisition activity.
Regarding foreign law enforcement cooperation, Argentieri stated:
Principal Associate Deputy Attorney General Miller On Voluntary Disclosure, Compensation Clawback, And National Security
It is September which means enforcement agency officials hit the “conference circuit” to give scripted speeches.
Today it was Principal Associate Deputy Attorney General Marshall Miller speaking at a private event to discuss “the Justice Department’s corporate criminal enforcement priorities” specifically (in what is perhaps a laughable statement to many who closely follow DOJ enforcement activity) the DOJ’s “commitment to consistency, predictability, and transparency in our corporate enforcement work …”.
Miller began by talking about voluntary disclosure and stated:
DOJ Principal Associate Deputy AG Miller On …
Recently, Principal Associate Deputy Attorney General Marshall Miller gave this speech in which he talked about the DOJ’s “recent and ongoing changes to the … policies regarding corporate criminal enforcement …”.
In pertinent part, Miller discussed voluntary disclosure (a topic the DOJ has discussed for nearly 15+ years) as well as compensation clawbacks.