In the article “DOJ ‘Raises Stakes’ for Companies to Confess White-Collar Crime,” Bloomberg Law covered the U.S. Department of Justice’s (DOJ) new corporate crime enforcement playbook laid out by Deputy Attorney General Lisa Monaco on September 15, 2022. The publication reported that the new policy aims to speed up indictments against executives by promising their companies won’t face a guilty plea or compliance monitor if they rapidly and voluntarily turn over information.
Bloomberg Law turned to white collar defense and investigations partner Henry Van Dyck, who is also a former DOJ prosecutor, for insight on Monaco’s remarks on corporate criminal enforcement.
“The DOJ has effectively raised the stakes for companies facing a potential government investigation, by making decisions about whether or when to voluntarily self-disclose potential misconduct even more consequential,” said Van Dyck.
He added “On the other hand, by giving prosecutors more tools and discretion to scrutinize the timeliness and extent of cooperation credit, it is less clear that the DOJ has met its goal of giving companies enough predictability to change the calculus.”