New England Biz Law Update
The Department of Justice (DOJ) has announced it’s taking a tougher stance on corporate wrongdoing and white collar crime. Messages from the DOJ indicate that the agency is stepping up enforcement in virtually all areas of white collar crime.
Two areas of particular focus: deterring repeat corporate misconduct and enhanced efforts toward individual prosecution. For example, corporations under investigation will need to provide the names of all employees connected to the crime, not just those “substantially involved.” The move revives an Obama-era policy that had been softened under the Trump administration.
Also among the changes is a policy directing prosecutors to consider all corporate wrongdoing when determining resolution agreements. Previously, prosecutors could only review matters with similar facts. Now, the DOJ will review a company’s full regulatory, criminal, and civil record.
The DOJ is also keeping a closer watch on companies with probationary or non-prosecution deals. That could include the use of outside monitors to verify compliance, something that can be expensive and burdensome for the subject companies. Companies that aren’t adhering to the terms of their agreement could be subject to indictment.
