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DOJ Principal Associate Deputy AG Miller On …

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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.

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If The DOJ’s FCPA Voluntary Disclosure Program Is Successful, Why Is It So Unsuccessful?

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In her recent speech in connection with release of a memo to DOJ personnel titled ““Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group” Deputy Attorney General Lisa Monaco stated:

“Voluntary self-disclosure programs, in various Department components, have already been successful. Take, for example, the Antitrust Division’s Leniency Program, the Criminal Division’s voluntary disclosure program for FCPA violations, and the National Security Division’s program for export control and sanctions violations.”

However, if the DOJ’s FCPA voluntary disclosure program has been “successful,” why is it so unsuccessful as measured by the principal goal of the program as identified by the DOJ?

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Assistant AG Kenneth Polite On Deterrence And Compliance Certifications

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It is mid-September.

Thus, consistent with historical practices, DOJ officials are out giving speeches about DOJ policy. Previous posts here and here have focused on the recent release of the so-called Monaco Memo and this post highlights a recent speech by Assistant Attorney General Kenneth Polite.

In addition to discussing the recent Monaco Memo, Polite touched upon the following topics: deterrence and compliance certifications.

Deterrence

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Thoughts On The Monaco Memo

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This previous post summarized Deputy Attorney General Lisa Monaco’s memo to DOJ personnel titled “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group.”

This post provides analysis and commentary.

The memo – while technically an internal memo to DOJ personnel – is obviously much more than that as it (and previous iterations) was publicly released and serves as a de facto DOJ policy document.

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