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Principal Associate Deputy Attorney General Miller On Voluntary Disclosure, Compensation Clawback, And National Security

By on September 21, 2023 in Compensation Clawbacks, DOJ, Enforcement Agency Policy, Enforcement Agency Speeches, Ericsson, Executive Compensation, Merger Issues, National Security, Voluntary Disclosure
miller

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:

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Yes Of Course Our Policy Is Working – Says The Policy Maker

By on May 25, 2023 in DOJ, Voluntary Disclosure
yesofcourse

Even though the government has been encouraging companies to voluntary disclosure Foreign Corrupt Practices Act (and other) issues for approximately 20 years, every few years it seems the DOJ tweaks it voluntary disclosure and related corporate criminal enforcement policy.

The latest example occurred in January 2023. (See here for the prior post).

As long as there have been government programs advocated by government officials, officials have been inclined to proclaim the program a success.

And so it is with the DOJ’s most recent voluntary disclosure revisions.

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Slumbering Individual FCPA Enforcement Actions

By on April 17, 2023 in DOJ, Individual Enforcement Action
slumberingbear

Most in the Foreign Corrupt Practices Act space learn when the DOJ announces criminal FCPA charges against individuals. Thereafter, the tendency (including by myself) is to sort of forget about many of the individual actions.

However, recently I examined the dockets for all individuals criminally charged with FCPA offenses since January 1, 2017 and was surprised to learn that a meaningful percentage of these cases are slumbering with no substantive activity in quite some time.

Thus, when viewing DOJ FCPA individual enforcement action statistics it is important to keep in mind that many of these cases are slumbering and are not being actively prosecuted.

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Assistant AG Polite Says Do Not “Fall Victim To Recency Bias” And Serves Up A Word Salad

By on March 24, 2023 in DOJ, DOJ Evaluation of Corporate Compliance Programs, DOJ FCPA Corporate Enforcement Policy, Enforcement Agency Policy, Enforcement Agency Speeches, Voluntary Disclosure
Polite

Another week, another speech by Assistant Attorney General Kenneth Polite.

In the speech, Polite told an audience of white collar criminal professionals not to” fall victim to recency bias” (even though of course the DOJ facilitates it) and served up a word salad of ambiguous terms and concepts.

I have been reading speeches by DOJ enforcement officials for approximately 15 years and Polite’s speech is one of the worst I have encountered as it is mostly just a play on words.

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Deputy Assistant AG Monaco On …

By on March 13, 2023 in Compliance, Compliance Defense, DOJ, Enforcement Agency Policy, Enforcement Agency Speeches, Executive Compensation, Voluntary Disclosure
Monaco

Recently Deputy Attorney General Lisa Monaco delivered this speech at the American Bar Association National Institute on White Collar Crime.

Topics discussed included: “inspiring a culture of compliance,” “promoting compliance through compensation and clawback programs,” and “accountability.”

Monaco began her speech as follows:

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