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

By Mike Koehler on March 6, 2023 in DOJ, DOJ FCPA Corporate Enforcement Policy, Enforcement Agency Policy, Enforcement Agency Speeches, Ericsson, Executive Compensation, Monitor, Uncategorized

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.”

Ericsson Attempts To Put A Positive Spin On Monitor Extension (Even Though It Is Not A Positive Development For The Company)

By Mike Koehler on December 16, 2022 in Ericsson, Monitor

As highlighted in this prior post, in December 2019 Swedish telecom company Ericsson (a company with American Depositary Shares traded in the U.S.) resolved a net $1.06 billion Foreign Corrupt Practices Act enforcement action – the largest of all-time – concerning conduct in Djibouti, China, Vietnam, Kuwait, Indonesia, and Saudi Arabia.

The DOJ prong of the enforcement action involved a one count criminal information against Ericsson subsidiary Ericsson Egypt Ltd. charging conspiracy to violate the FCPA’s anti-bribery provisions resolved through a plea agreement and a criminal information against Ericsson charging conspiracies to violate the FCPA’s anti-bribery, books and records, and internal controls provisions resolved through a deferred prosecution agreement. The DPA required Ericsson to retain an independent compliance monitor for a three year term. As a condition of resolving a parallel SEC matter, Ericsson was also required to retain a monitor for a three year period.

In October 2021, the DOJ accused Ericsson of breaching its DPA obligations. (See here).

Recently, Ericsson announced “that it has agreed with the U.S. Department of Justice (DOJ) and Securities and Exchange Commission (SEC) to extend the term of the Company’s Independent Compliance Monitor for one year, to June 2024.”

Friday Roundup

By Mike Koehler on October 28, 2022 in Glencore, JPMorgan, Monitor, Shaquala Williams, Victims, Whistleblowers

Settled, not a victim, and monitor reports. It’s all here in the Friday roundup.

Settled

As highlighted in this prior post, in 2021 Shaquala Williams (a former employee of JPMorgan in New York city) filed a civil complaint in federal court (S.D.N.Y) against JPMorgan in connection with (at least in part) compliance obligations imposed upon JPMorgan in connection with resolution of its 2016 FCPA enforcement action. JPMorgan responded (see here) by filing a motion for summary judgment which was mostly denied by Judge Jed Rakoff who set a trial date for November 2022.

As reported here, the parties have reached an agreement to resolve the matter.

Deputy Attorney General Monaco Releases A Memo Titled “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group”

By Mike Koehler on September 19, 2022 in DOJ, Enforcement Agency Policy, Enforcement Agency Speeches, Monitor

Last week Deputy Attorney General Lisa Monaco issued a 15 page memo to DOJ personnel titled “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group.” (See here for Monaco’s related speech and see here for a recent speech by Assistant Attorney General Kenneth Polite which discussed, in part, the memo as well).

A future post will provide analysis and commentary regarding the memo, but first this post summarizes the memo.

One Big Word Salad

By Mike Koehler on September 2, 2022 in Compliance, Enforcement Action Certification Requirements, FCPA Inc., Monitor

Former DOJ “compliance counsel” Hui Chen (currently a consultant at Ropes & Gray’s Insight Lab) was recently interviewed by Corporate Crime Reporter (CCR) on the state of corporate compliance.

Chen’s responses were generally one big word salad.

In and of itself, who really cares.

However, what makes Chen’s responses ironic is that while serving as DOJ “compliance counsel” she (rightfully) criticized the compliance community for the “lack of precision and intellectual rigor” in much compliance writing and commentary (see here for the prior post).

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

Ericsson Attempts To Put A Positive Spin On Monitor Extension (Even Though It Is Not A Positive Development For The Company)

Friday Roundup

Deputy Attorney General Monaco Releases A Memo Titled “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group”

One Big Word Salad

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