Procurement Collusion Strike Force Brings First Case Against Government Contractor in North Carolina
Late Friday, the Department of Justice announced its first charges under the Procurement Collusion Strike Force. A federal grand jury seated in the Eastern District of North Carolina returned a six-count indictment against Ohio-based Contech Engineered Solutions LLC and its former executive for their involvement in a decade-long conspiracy to rig bids for North Carolina Department of […]
Skadden, Arps, Slate, Meagher & Flom LLP advises that the DOJ’s updated guidance on corporate compliance programs contains practical advice for in-house legal and compliance teams in structuring their programs. For a company to meet prosecutorial expectations and position itself for positive resolutions, executives should create and empower a compliance committee to tailor policies and […]
On September 4, the Acting Assistant Attorney General issued guidance to the Department of Justice's Civil Division on evaluating inability-to-pay claims. “Assessing an Entity’s...
The Justice Department has identified hundreds of people suspected of illegally obtaining COVID-relief business loans, and pledges to aggressively prosecute fraud against the program. The agency’s criminal division has charged 57 people with fraudulently seeking to steal more than a combined $175 million in loans through the Payroll Protection Program. Brian Rabbitt, acting head of […]
The Criminal Division of the DOJ and Enforcement Division of the SEC recently published the second edition of A Resource Guide to the US Foreign Corrupt Practices Act. This update attempts to capture several notable enforcement actions, governmental policies, and judicial decisions since 2012, as well as more recent statistical data. It sheds light on […]
In June, the U.S. Department of Justice updated its Evaluation of Corporate Compliance Programs Guidance. While the Guidance is intended to assist prosecutors by providing factors to consider in evaluating the effectiveness of a company’s compliance program in the context of a criminal investigation, it also is a useful tool for companies implementing and evaluating […]
The DOJ Antitrust Division and Securities and Exchange Commission have signed their first formal agreement: an interagency Memorandum of Understanding to allow for more cooperation and communication between the two agencies, in hopes of improving competition in the securities industry. The MOU provides for regular discussions and meetings between the two agencies to review law […]
As part of its 2020 Update, the DOJ’s Antitrust Division highlighted the ongoing work of its Procurement Collusion Strike Force (PCSF), with Assistant Attorney General Makan Delrahim specifically noting the work of the PCSF in his personal remarks. Calling the response to the PCSF “overwhelmingly positive”, Delrahim underscored the Division’s priority of enforcing the criminal […]
The U.S. Justice Department recently recommended that other countries consider focusing on collusion in government procurement, touting the early success of its interagency strike force. During yesterday’s virtual meeting of the Organization for Economic Cooperation and Development (OECD) Competition Committee, Assistant Attorney General Makan Delrahim introduced the Antitrust Division’s recently formed Procurement Collusion Strike Force […]
DOJ Revisions to Corporate Compliance Guidance: Training, Third-Party Risk Management, Mergers/Acquisitions and Data (Part...
Michael Volkov argues that although DOJ is behind the curve in the compliance industry, it is trying to catch up. “DOJ’s recent update of its Compliance Guidance reflects additional issues that are evolving,” Volkov writes. “Reviewing DOJ’s Guidance provides an important insight into DOJ’s perspective and learning on compliance issues.” The areas addressed include training, […]