During a recent webinar sponsored by the Washington Legal Foundation, we explored the impacts intensive individual-focused criminal enforcement can have on an industry, using the recent history of criminal enforcement of food safety laws as a case study. … Continue Reading
Employees at Wells Fargo opened about two million deposit and credit card accounts that customers didn’t authorize. Why? To earn incentive compensation for new accounts.
So far the bank has fired about 5,300 employees who were involved with the unauthorized accounts and has paid $185 million in fines.… Continue Reading
When It Absolutely, Positively Has to Be Indicted Overnight: How to Prevent Future Debacles Like the FedEx Prosecution
Against the backdrop of years of unprecedented monetary penalties imposed through DOJ civil settlements and deferred prosecution agreements with financial institutions embroiled in the 2008 financial meltdown, the DOJ came under withering criticism for perceptibly treating scrutinized corporations simply as cash cows rather than addressing the actual criminal conduct of the corporations and their executives.… Continue Reading
As reported by the FCPA Blog Tuesday, the SEC and DOJ entered into parallel resolutions with Analogic Corporation and Analogic’s wholly-owned Danish subsidiary BK Medical ApS in connection with violations of the books and records and accounting controls provisions of the FCPA.… Continue Reading
The Institute for Legal Reform — part of the U.S. Chamber of Commerce — issued a paper last week with a harsh review of the Yates Memo, also known as the DOJ’s Individual Accountability Policy
Career prosecutor and current Deputy AG Sally Yates authored one the most important DOJ policy papers in decades — the Yates Memo, also known as the DOJ’s Individual Accountability Policy.
Deputy Attorney General Sally Q. Yates spoke Tuesday to the New York City Bar Association White Collar Crime Conference. Her topic? That’s right. The Yates Memo, more formally known as the DOJ’s Individual Accountability Policy.… Continue Reading
The DOJ Fraud Section’s recently released FCPA Enforcement Plan and Guidance outlines a novel one-year pilot program for corporate self-reporting and cooperation, with specific fine reduction incentives.
“Appropriate remediation” is one of the pre-requisites for qualifying for these incentives, focused largely on compliance program characteristics and other preventive measures.… Continue Reading
Assistant Attorney General Leslie Caldwell announced a one-year pilot program Tuesday intended to encourage companies to self report FCPA offenses and cooperate with the Justice Department.… Continue Reading
The American Bar Association’s 2016 Section of Litigation Annual Conference happens April 13 – 16 in Chicago. One event during the conference will be a panel discussion called A Price on their Heads: The DOJ’s Yates Memo and the Future of Corporate Investigations.… Continue Reading
Heads up: The six-month anniversary in your new position will arrive in a flash.
If you were hired as part of your organization’s response to a serious corruption allegation, you may still be in fire-fighting mode at this point, but starting to emerge for air.… Continue Reading
Last week Kroll and the Ethisphere Institute released their 2016 Anti-Bribery and Corruption Benchmarking Report: The Year of Global Expansion and Enforcement.
You can download the report here.
One somewhat startling finding was that only 29% of the respondents indicated that they were more concerned with personal liability than in prior years.… Continue Reading