News & Analysis as of

Government Investigations Voluntary Disclosure Department of Justice (DOJ)

Bradley Arant Boult Cummings LLP

Criminal Division’s new voluntary self-disclosure program still uncertain and risky

On April 15, 2024, the Department of Justice released its “Criminal Division’s Pilot Program on Voluntary Self-Disclosures for Individuals.” Similar in many ways to programs introduced earlier this year by the U.S. Attorney’s...more

Arnall Golden Gregory LLP

DOJ Announces More Corporate Enforcement Policies Coordinating Its Attack on Corporate Malfeasance

On the heels of its revised Corporate Enforcement Policy announced in January 2023, the Department of Justice (“DOJ”) announced more policies aimed at prosecuting and deterring corporate misconduct. In late February and early...more

Polsinelli

Annual ABA White Collar Conference Brings Additional Updates to DOJ Corporate Enforcement Policy

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Last week at the American Bar Association’s annual National Institute on White Collar Crime in Miami, Deputy Attorney General Lisa Monaco and Assistant Attorney General Kenneth A. Polite highlighted several new facets of the...more

Venable LLP

Recent DOJ Memo on Corporate Criminal Enforcement Highlights Critical Considerations for Employers

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On September 15, 2022, the Department of Justice (DOJ) released a long-anticipated memo announcing changes to its corporate criminal enforcement policies (Memo). The Memo contains helpful guidance for employers, outlining...more

Jackson Walker

DOJ Officials Announce New Priorities to Combat Corporate Crime with Additional Details Provided at Government Enforcement...

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On Thursday, September 15, 2022, Deputy Attorney General Lisa A. Monaco outlined new steps the Department of Justice will be taking in its ongoing efforts to police corporate crime. The next day, Assistant Attorney General...more

Akin Gump Strauss Hauer & Feld LLP

Deputy AG Announces Significant Changes to DOJ Policies Regarding Corporate Investigations

Key Points - On September 15, 2022, Deputy AG Lisa O. Monaco released a Memorandum and provided remarks announcing several DOJ policy changes to prioritize and strengthen the Department’s prosecution of corporate crime. ...more

Baker Donelson

Planning for Increased Health-Related Enforcement Efforts in 2022

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The Department of Justice (DOJ) has made numerous recent public statements reflecting increased priorities for enforcement, especially in the health care industry. The DOJ has a variety of tools at its disposal to enforce...more

Polsinelli

FCA Targets Areas For 2020 and Increased Use Of The Voluntary Disclosures

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Jody Hunt, Assistant Attorney General for DOJ’s Civil Division, and Michael Granston, Deputy Assistant Attorney General, Commercial Litigation Branch, spoke recently about False Claims Act (“FCA”) enforcement at the Federal...more

BCLP

DOJ Issues Policy for Export Control and Sanctions Enforcement (IRB No. 580)

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On December 13, 2019, the US Department of Justice (DOJ) issued an update to its 2016 guidance regarding enforcement in export control and sanctions investigations of businesses.  The updated policy now offers voluntary...more

Faegre Drinker Biddle & Reath LLP

Important New Guidance for Companies Considering Voluntary Disclosures of Export Control and Sanctions Violations

On December 13, 2019, the U.S. Department of Justice’s National Security Division (NSD) issued important new policy guidance regarding voluntary disclosures of export control and sanctions laws violations. Among other things,...more

Bass, Berry & Sims PLC

Mixed Messages: DOJ Releases New FCA Cooperation Guidelines, while Study Questions Whether Cooperation Actually Garners Credit

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The U.S. Department of Justice (DOJ) routinely encourages the subjects of False Claims Act (FCA) enforcement actions to make voluntary disclosures and fully cooperate with the government on the premise that cooperation leads...more

Robinson+Cole Health Law Diagnosis

Seeking to Incentivize Self-Disclosures, DOJ Issues Guidance on Credit for Cooperation with FCA Investigations

On May 7, 2019, the U.S. Department of Justice (DOJ) provided important new guidance addressing cooperation credit that may be available to defendants in False Claims Act (FCA) investigations (Guidance)....more

Jones Day

DOJ Issues Guidance on Cooperation in FCA Cases

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The U.S. Department of Justice seeks to use the potential for a reduced penalty amount and damages to encourage self-disclosure of misconduct and cooperation during FCA investigations. On May 7, 2019, the U.S. Department...more

Arnall Golden Gregory LLP

DOJ Identifies And Clarifies How To Obtain Credit For Cooperation In False Claims Act Cases

On May 7, 2019, the United States Department of Justice’s Civil Division further clarified the standards and circumstances under which the Department will award credit to defendants who cooperate with the Department during a...more

Faegre Drinker Biddle & Reath LLP

Disclosure, Cooperation and Remedial Action Necessary for Credit in False Claims Act Matters, DOJ Says

Disclosure, cooperation and remedial action are the three ways that entities or individuals can receive cooperation credit from the U.S. Department of Justice (DOJ) in False Claims Act (FCA) matters, according to guidelines...more

Mintz - Health Care Viewpoints

DOJ Issues Guidance on Cooperation Credit in FCA Settlements

The U.S. Department of Justice (DOJ) issued policy guidance on May 6, 2019, about providing credit in False Claims Act (FCA) settlements to corporations for “disclosure, cooperation, and remediation." DOJ has never previously...more

Bradley Arant Boult Cummings LLP

DOJ Provides Guidelines for Reducing False Claims Act Settlements through Cooperation - Government Enforcement Update

This week, the Department of Justice (DOJ) formalized and expanded its guidance for how defendants can earn cooperation credit in False Claims Act (FCA) cases and thereby reduce settlement amounts. New section 4-4.112 of the...more

Akin Gump Strauss Hauer & Feld LLP

DOJ Announces New FCA Policy

• The Department of Justice (DOJ) has adopted a policy to incentivize companies and individuals to voluntarily disclose civil False Claims Act (FCA) violations, cooperate with government investigators and undertake effective...more

Holland & Knight LLP

Post-Script on Cooperation Credit in False Claims Act Cases

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DOJ Releases Guidance on Cooperation Credit in False Claims Act Cases - The U.S. Department of Justice (DOJ) released guidelines for evaluating self-disclosures and awarding cooperation credit in False Claims Act (FCA)...more

Farella Braun + Martel LLP

Battling Government Investigations Series – Cooperation and Voluntary Disclosure

It always comes when you least expect it – a government inquiry to investigate your business. While it may instill a sense of panic, there are steps you can take to make sure you’re in the best position possible when the...more

Thomas Fox - Compliance Evangelist

Soft Skills in Remediation: Part V – Post Resolution

I conclude my five-part series on the soft skills a Chief Compliance Officer (CCO) needs to employ when working through the remediation component of a potential Foreign Corrupt Practices Act (FCPA) compliance violation. I...more

Snell & Wilmer

The Yates Memo, Ten Months Later: What We Know and What To Do

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Although the Yates Memo is now ten months old, senior executives and in-house counsel still do not have clarity about how the Department of Justice (“DOJ”) will apply the Memo’s principles to corporate investigations. On...more

The Volkov Law Group

Fokker: No Judicial Oversight of Deferred Prosecution Agreements

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The D.C. Circuit dealt a blow last week to judicial attempts to exercise supervision over Justice Department negotiated Deferred Prosecution Agreements. In United States v. Fokker, the Court answered the question in a...more

Morgan Lewis

US Department Of Justice Targets Corporate Individuals

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DOJ announces tough new approach to the investigation and prosecution of corporate officers and employees. On September 9, in a major change to its approach to the investigation of alleged corporate crime, the US...more

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