Let’s Analyze This For A Bit
This recent Wall Street Journal article titled “DOJ Uncovering More Misconduct Through Self-Disclosure Program, Says Top Official” begins:
“More companies are choosing to voluntarily disclose misconduct to prosecutors after a policy revision last year that increased the potential benefits of doing so, a top Justice Department official said.
A Look At The DOJ’s Justice Manual
The DOJ’s Justice Manual (JM) “provides internal DOJ guidance.” (See here).
The portion discussing the Foreign Corrupt Practices Act (Title 9-47.000) was recently updated to include the recently enacted Foreign Extortion Prevention Act (FEPA).
While the JM is not exactly a legal treatise, it is disappointing (but perhaps not surprising) that the FCPA portion is misleading in certain respects (often by omission).
Thoughts On Recent DOJ Speeches
Reading speeches by high-ranking DOJ officials through the lens of a specific law is interesting.
For instance, in recent speeches both Deputy Attorney General Lisa Monaco and Acting Assistant Attorney General Nicole Argentieri talked about the importance of individual accountability.
Monaco stated that the DOJ’s “first priority has been — and will continue to be — individual accountability. Companies can only act through individuals. The rule of law demands that those most culpable for a company’s misconduct are the ones being charged, prosecuted, and convicted.”
Likewise, Argentieri stated “companies act only through people, and so, above all, our number one goal is holding culpable individuals accountable — including corporate executives, no matter how prominent or influential.”
Acting Assistant Attorney General Nicole Argentieri On ….
Once again, life follows a certain cycle.
March.
Lots of basketball, the days get longer, and a high-ranking DOJ official speaks at a white-collar crime conference.
First, it was Deputy Attorney General Lisa Monaco (see here for the prior post). The next day it was Acting Assistant Attorney General Nicole Argentieri at the same conference.
Argentieri framed her speech as a discussion of the “Criminal Division’s unyielding efforts to combat white collar crime” and she discussed the following topics: individual accountability, DOJ corporate enforcement policies, the DOJ’s new forthcoming whistleblower program, and the recently enacted Foreign Extortion Prevention Act.
Deputy Attorney General Lisa Monaco On ….
Life follows a certain cycle.
March.
Lots of basketball, the days get longer, and a high-ranking DOJ official speaks at a white-collar crime conference.
So it was as Deputy Attorney General Lisa Monaco delivered this speech at the American Bar Association’s National Institute on White Collar Crime.
Monaco framed her speech as providing “an update on [the DOJ’s] efforts and tell[ing] you what’s top of mind as we confront today’s corporate enforcement landscape.”
She discussed the following topics: individual accountability, recidivism, and incentives (including a new DOJ whistleblower pilot program).