Sunday, September 27, 2020

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Materiality Concerns For CARES Act Enforcement Cases

With the Department of Justice’s decision to drop charges against Michael Flynn, materiality has come to the forefront of popular legal discourse. At the same time, prosecutors and whistleblowers will carefully consider enforcement/false claims actions against entities who may have wrongfully received relief funds under the Coronavirus Aid, Recovery, and Economic Stability Act.  Such actions […]
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DOJ Revises its Corporate Compliance Guidance (Part I of II)

Michael Volkov reviews DOJ’s new corporate compliance guidance, which reflects its own experiences, as well as feedback from the compliance and business community. According to Assistant Attorney General Benczkowski, “[a]lthough much of the substance of the prior version remains unchanged, the updates we have made are in keeping with our continued efforts as prosecutors to […]
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The Five Most Important Issues in DOJ’s Revised Compliance Program Guidance

Although DOJ’s release of updated guidance for compliance programs was not publicized much by the department, Michael Volkov writes that the revisions underscore significant trends. Among the key developments: DOJ emphasizes the importance of ensuring that compliance programs are sufficiently resourced and empowered to exercise appropriate authority. The guidance says DOJ will ask whether the […]
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Ericsson Begins Monitorship Under U.S. Deferred Prosecution Agreement

Ericsson AB’s three-year term of monitorship under its Deferred Prosecution Agreement has begun, with the engagement of an independent compliance monitor. Following a long investigation by the SEC and DOJ over historical foreign bribery violations in China, Djibouti, Indonesia, Kuwait, Saudi Arabia, and Vietnam, the telecom company agreed to pay over $1 billion in penalties […]
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At Large: Is This the Most Important Change in the DOJ’s New Guidance?

DOJ’s new guidance for evaluating corporate compliance programs puts the spotlight on organizational justice, or what Richard L. Cassin simply calls “fairness.” The update adds this question: Does the compliance function monitor its investigations and resulting discipline to ensure consistency? “Why is the added emphasis on monitoring to ‘ensure consistency’ so important?” Cassin asks. “Because […]
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DOJ Updates Guidance on Evaluating Corporate Compliance Programs

The update of the DOJ’s Evaluation of Corporate Compliance Program guidance is another reminder of its heightened focus and increasing sophistication regarding evaluating compliance programs during investigations. While the overall structure of the guidance generally remains consistent with the last version, the revisions provide additional insight into the DOJ’s expectations for corporate compliance programs. More […]
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DOJ Updates Corporate Compliance Guidance, Continues Focus on Risk, Reporting, and Training

The Department of Justice has published updated guidance on how it evaluates corporate compliance programs when conducting investigations, making charging decisions, and negotiating pleas...

Here’s Every Change the DOJ Made Monday to its Corporate Compliance Program Evaluation Guidance

The Justice Department has published a new version of its guidance on how it evaluates compliance programs when making corporate charging decisions, with a focus on ensuring that compliance programs are updated to fit new circumstances, and adequately resourced, with its effectiveness being the central principle. The revised guidance also includes more focus on third-party […]
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Justice Dept. Updates Compliance Guidance Again

The Justice Department has updated its guidance for evaluating effective compliance programs, adding new material about how often a company reviews the structure of its program, a compliance officer’s access to data, and how companies integrate acquisitions into their existing programs. The differences are fairly minor, mostly consisting of additions. For example, they put an […]
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DOJ Freezes Collection Of Civil Penalties to Blunt Economic Impact of COVID-19

The Department of Justice has paused its collection of civil penalty payments until at least May 31, in an effort to blunt the coronavirus...