Top Menu

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


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:

Continue Reading

Deputy Assistant AG Monaco On …


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:

Continue Reading

Assistant AG Polite Calls Prosecutors “Community Problem-Solvers” – Announces Yet Additional Changes To DOJ Policy


Last week, Kenneth Polite (DOJ Assistant Attorney General -Criminal Division) gave this speech in which he called prosecutors “community problem-solvers” and announced (yet additional) changes to DOJ policy.

Specifically, Polite announced “significant changes” to how the DOJ “consider[s] a corporation’s approach to the use of personal devices as well as various communications platforms and messaging applications, including those offering ephemeral messaging.”

In addition, Polite described how the DOJ has “updated its policies concerning corporate compensation systems” and issued a “revised memorandum on the selection of monitors in Criminal Division matters” including that “any submission of a monitor candidate by the company and selection of a monitor candidate by the Criminal Division should be made in keeping with the department’s commitment to diversity, equity, and inclusion.”

Continue Reading

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.

Continue Reading

Compensation Clawback Crackdowns – An Emerging Enforcement Focus


This post is from Dechert attorneys Andrew Boutros, David Kelley, Anthony Kelly, Hartley M.K. West, and D. Brett Kohlhofer.

Prosecutors and regulatory officials have recently fixed their enforcement sights on corporate compensation clawbacks. Recent public remarks from leaders at the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) Enforcement Division reveal how the agencies are leveraging (and intend to continue to leverage) clawbacks in carrying out their enforcement mandates. Here we examine the context behind these pronouncements, how the focus on clawbacks may affect Foreign Corrupt Practices Act enforcement, and the planning opportunity these announcements present for the business community.

Continue Reading

Powered by WordPress. Designed by WooThemes