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.
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:
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.
If The DOJ’s FCPA Voluntary Disclosure Program Is Successful, Why Is It So Unsuccessful?
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?
Assistant AG Kenneth Polite On Deterrence And Compliance Certifications
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