Insights

BIS to Industry: Please Disclose “Big Deal” Violations and Whistle Blow on Others for Credit

By: Olga Torres, Managing Member
Date: 04/18/2023

In a memorandum published by the Bureau of Industry and Security on April 18, 2023, the Office of Export Enforcement (OEE) announced that it wants to incentivize voluntary self-disclosures (VSDs) after a party uncovers “significant” possible violations of the Export Administration Regulations (EAR), the types of violations that reflect national security harm.

In its announcement today, OEE spelled out the types of benefits that industry or academia gets when deciding to file a VSD, which often include a substantial reduction in potential monetary liability. Today’s announcement comes after OEE’s announcement last year, shifting administrative enforcement policies that impacted the VSD process.

Empowered or Exposed?

Date: 07/01/2022

DOJ’s new compliance certification requirement seeks to “empower” CCOs.

A new policy at the U.S. Department of Justice (“DOJ”) pertaining to Foreign Corrupt Practices Act (“FCPA”)/anti-corruption compliance has recently sent shockwaves through the corporate compliance community. The change was first previewed by Assistant Attorney General (“AAG”) for the DOJ’s Criminal Division Kenneth Polite in a speech delivered on March 22, 2022:

There’s A New Compliance Sheriff In Town, And She’s Cracking Down On Corporate Misconduct

By: Olga Torres, Managing Member
Date: 01/18/2022

The U.S. Department of Justice ("DOJ") is making it harder on companies that commit corporate crimes. A lot harder.

That’s the message that Deputy Attorney General Lisa Monaco recently gave attendees at the American Bar Association's White Collar Crime Conference in Miami. In her speech, DAG Monaco laid out the major changes to how the DOJ will approach corporate crimes and the individuals who commit them.

Department of Justice Monitorships: They’re Costly, They’re Disruptive, and They’re Making a Comeback

By: Billy Klaess, Associate
Date: 01/18/2022

On October 28, 2021, Deputy Attorney General Lisa Monaco addressed the ABA’s National Institute on White Collar Crime, in which she made clear that monitorships are back on the menu as a means of ensuring corporate compliance. DAG Monaco stated that, “to the extent that prior Justice Department guidance suggested that monitorships are disfavored or are the exception,” she is rescinding that guidance, emphasizing “that the department is free to require the imposition of independent monitors whenever appropriate.”1

Knowledge of the monitorship process – what may lead to it and what it can mean for your organization – is crucial for general counsels and employees alike. This article intends to demystify these court appointments, providing an overview of Department of Justice2 Monitorships, when they are imposed, what they can entail and cost, and what they mean for both industry and counsel.

Fighting Fraud and Corruption: The DOJs New FCPA Pilot Program

By: Olga Torres, Managing Member
Date: 06/16/2016

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