“I’m From The Government, And I’m Here To Help”
Ronald Reagan once said “The nine most terrifying words in the English language are: I’m from the Government, and I’m here to help.”
I was reminded of this quote upon reading Assistant Attorney General Kenneth Polite’s recent speech announcing the “first significant changes to the Criminal Division’s CEP [Corporate Enforcement Policy] since 2017.” (See here for a prior post analyzing the 2017 CEP).
Per Polite’s language, I guess that means that the revisions to the CEP released in early 2019 (see here) as well as late 2019 (see here) were not “significant.”
Even though the DOJ has been actively encouraging voluntary disclosure for approximately 15-20 years, Polite stated:
DOJ Seemingly Says – What The Heck, Let’s Try This Next
For years, approximately the last 15-20 years, the Department of Justice has wanted business organizations under Foreign Corrupt Practices Act (and other scrutiny) to voluntarily disclose conduct in violation of the law (or mere potential violation of the law) to the DOJ.
No surprise here, voluntary disclosures make the DOJ’s job easier and in many of these instances it is odd to say that the DOJ is “bringing an enforcement action,” but rather processing a corporate voluntary disclosure.
That the DOJ has made various attempts to encourage voluntary disclosure over the years – and every few years seems to tweak its voluntary disclosure and related corporate criminal enforcement policy – is seemingly an indication that its previous policies were not accomplishing the intended results.
Yesterday, DOJ Assistant Attorney General Kenneth Polite delivered this speech announcing – what amounts to – the DOJ saying what the heck, let’s try this next.
Friday Roundup
Whistleblower award, a non-FCPA, FCPA enforcement action, and an open question.
It’s all here in the Friday roundup.
Whistleblower Award
Recently, the SEC announced “an award of more than $37 million to a whistleblower whose information led to a successful SEC enforcement action and a related action.”
It Doesn’t Fit
Remember that game you may have played as a child in which you tried to assert different shape objects into a box and perhaps were left perplexed how the square would fit through the circle. Short answer: the square didn’t fit through the circle.
Likewise, the DOJ’s recent ABB Foreign Corrupt Practices Act enforcement action (the third time ABB has resolved an FCPA enforcement action) does not fit with the DOJ’s September 2022 policy document titled “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group.” (See here for the prior post).
On National Llama Day, Assistant Attorney General Recognizes International Anti-Corruption Day
There seems to be a day for everything.
Last Friday, December 9th was, according to this site: Christmas Card Day, International Day of Veterinary Medicine, National Llama Day, National Pastry Day, National Salesperson’s Day, Official Lost and Found Day, Weary Willie Day, World Techo Day, and International Anti-Corruption Day.
At the 20th International Anti-Corruption Conference, DOJ Assistant Attorney General Kenneth Polite ignored National Llama Day (as well as the other special days), but did recognize International Anti-Corruption Day and stated in this speech: