Category: White Collar Crime
DOJ Issues Further Guidance, Warnings on Ephemeral Messaging Apps
At the March 2023 American Bar Association National Institute on White Collar Crime, senior Department of Justice officials offered their most expansive guidance yet about the dangers of using ephemeral messaging for company communications. Officials noted that when conducting an investigation, DOJ prosecutors will consider a company’s use of ephemeral and […]
When the Whistle Blows, Listen Carefully – and Consider Self-Disclosure
On February 22, 2023, the US Department of Justice announced a new voluntary self-disclosure policy for corporate criminal enforcement in US attorney’s offices nationwide. The policy offers concrete and meaningful incentives – including significant discounts on fines and not guilty plea resolutions – for corporations that meet the criteria for […]
US Government ‘Strike Force’ to Block Foreign Adversaries From Obtaining Disruptive Technologies
Key takeaway The federal government sent another big signal that it’s stepping up efforts to keep cutting-edge, dual-use and military technologies out of the hands of adversarial foreign governments when it announced the launch of the Disruptive Technology Strike Force (DIS-TECH) on February 16, 2023. The strike force, led by […]
Corporate Criminal Liability in the UK – What’s Next?
On 10 June 2022, the UK Law Commission published the results of its review into the laws that govern corporate criminal liability in the UK and its proposals to reform them. There has been a long-held concern amongst enforcement authorities, and legal commentators, that current UK law makes it exceptionally difficult […]
Bloomberg LP v. ZXC: Privacy Triumphs
The UK Supreme Court has handed down its highly anticipated judgment in the matter of Bloomberg LP v. ZXC [2022] UKSC 5. As we explained in our 16 February 2022 Cooley blog, the case highlighted the tension between the privacy interests of individuals under investigation who have not been charged with a crime and […]
Is DOJ Looking to Bring Criminal Charges Under Sherman Act’s Section 2? ‘Yes, Absolutely’
On March 2, 2022, Richard Powers, the deputy assistant attorney general of the Antitrust Division of the US Department of Justice, said that the division is prepared – for the first time in decades – to bring criminal charges under Section 2 of the Sherman Act, which prohibits monopolists or […]
UK Supreme Court Considers Privacy Rights of Executives Under Investigation
Two recent cases in the UK courts highlight the tension between an individual’s right to privacy during a criminal investigation and the freedom of the press to report on the investigation as a matter of public interest. Historically, the UK courts and authorities have largely protected the identities of individuals […]
Whistleblower Complaints and Rewards Explode Worldwide
What you need to know Since the onset of the COVID-19 pandemic, the number of whistleblower complaints received by regulators has exploded on both sides of the Atlantic. On November 15, 2021, the US Securities and Exchange Commission (SEC) reported that it paid out more in whistleblower awards in fiscal […]
Department of Justice Announces Significant Changes to Corporate Criminal Enforcement
Overview Last week, the #2 official at the Department of Justice announced significant new measures intended to strengthen the DOJ’s response to criminal corporate misconduct. In an address to the ABA’s National Institute on White Collar Crime in Miami, Deputy Attorney General Lisa Monaco announced three policy changes and identified […]
DOJ Increases Efforts to Combat Cyber Breaches by Targeting Government Contractors
The US Department of Justice is increasing its arsenal to pursue cyber-related fraud by government contractors and grant recipients. The program, called the “Civil Cyber-Fraud Initiative,” was announced by Deputy Attorney General Lisa Monaco on Wednesday. The initiative – along with other recent steps taken by the federal government – […]