Upcoming DOJ Single Corporate Enforcement Policy Raises Questions

In an article published in Law360, Pillsbury partners Jennifer Kennedy Gellie and Mark Krotoski, counsel Jeffrey Izant and associate Megan Lee, argue that this development, if it comes to pass, could represent a significant change in the Department’s approach to the enforcement of corporate crime.

The authors write that, in crafting the CEP, the DOJ may need to address the following questions, among others:

• What are the specific benefits available, how will the DOJ promote transparency and predictability for those outcomes, and what procedures will ensure that credit for deserving companies will be applied equitably within and across components?
• How will the new CEP limit monitorships?
• How will the CEP balance corporate and individual accountability?
• How will the CEP allow components to evaluate circumstances that are unique to their particular enforcement programs?
• How will the CEP interact with whistleblower programs and other incentives?
  Who will enforce compliance with the policy?

The authors note that companies should monitor this initiative closely and be prepared to evaluate how the CEP addresses these questions when it is released. The answers will be important in determining not only whether the new policy achieves the DOJ’s goals in creating the policy, but also the extent to which it affects companies’ risk calculations in making voluntary self-disclosures to the Department.

Read the full article here.