September 19, 2022

Henry Van Dyck Comments on Department of Justice Policy Changes With The Am Law Litigation Daily

In “What Will DOJ’s Renewed Focus on Speed and Individuals in White-Collar Cases Mean for Companies Seeking Cooperation Credit?,” The Am Law Litigation Daily turned to business litigation partner and former United States Department of Justice (DOJ) financial crimes prosecutor Henry Van Dyck for his commentary on changes to DOJ policies announced by Deputy Attorney General Lisa Monaco.

Van Dyck said he believes there are concerns from both within the DOJ and the corporate defense bar about how long it takes prosecutors to make charging decisions. “Sometimes companies also want the government to make a decision more quickly so they can put the issue behind them,” he explained. “I suspect that that renewed emphasis on speed within the department for how those decisions get made wouldn’t en masse change how prosecutors ultimately make decisions and evaluate criminal liability.”

Van Dyck added that he sees “inherent tension” when it comes to whether corporations will find enough certainty and predictability about how they’ll be treated under the new guidelines to ultimately cooperate with the government. He asked, “Should they self-disclose in light of the fact that the policy also provides additional discretion and tools to scrutinize how the company has cooperated?”

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