Duane Morris LLP – Doj's new strategy for enforcing crime – what global companies need to know

The DOJ is expanding its whistleblower program to cover areas such as immigration injuries, tariff evasion, procurement fraud and activities to support terrorism and drug cartels.

The US Justice Ministry (DOJ) presented a significant shift in its priorities in the enforcement of employees, as explained in the comments by Matthew Galeotti, head of the Doj crime. The DOJ will concentrate on pursuing the most outrageous employees that affect national security and the economy, such as facing fraud against individuals and government programs, as well as financial crimes, the cartels, terrorist organizations and enemy nation states. The new plan entitled “Focus, fairness and efficiency in the fight against the crime of employees” emphasizes optimized investigations, increased trust in whistleblower tips and a reference to the public prosecutor's focus.

Important snack bars for global companies

Optimized studies with a focus on self -reporting

The DOJ aims to reduce the duration and the collateral of corporate investigations. Companies that voluntarily disclose misconduct and work together completely can avoid criminal prosecution as a whole. This approach is intended to promote immediate self -reporting and renovation of corporate deformity. The revised company enforcement guideline of the doj stipulates that companies that voluntarily cooperate misconduct themselves or adequately and adequately work together-an aggravating circumstances-are entitled to prosecute the law enforcement.

Improved whistleblower incentives

The DOJ is expanding its whistleblower program to cover areas such as immigration injuries, tariff evasion, procurement fraud and activities to support terrorism and drug cartels. Whistleblower may receive up to 30 percent of the resolved funds if their information leads to losses of more than 1 million US dollars. This step is expected to increase the tip volume and require robust internal conformity mechanisms to proactively identify and tackle problems.

Repriaricitization of enforcement areas

The DOJ narrows its focus on high-quality areas, including fraud in healthcare, trade and customs injuries, older securities fraud and complex money laundering, especially in Chinese operations. Conversely, cases with public corruption and foreign bribery are relieved.

Reduction of corporate surveillance

As part of the new plan, there is a departure from compliance with company monitors of the company regulations, unless this is absolutely necessary. The doj recognizes the stressful nature of compliance monitors and will now impose it more selectively. The surveillance is tailored, whereby the costs are proportional to the severity of misconduct as well as the size and risk profile of the company of the company. Existing monitoring agencies are checked, whereby potential circumference or resolutions may be suitable, as is evidenced by the early conclusion of surveillance signs for companies such as Glencore.

Practical steps for global companies

Improve the internal compliance programs

• Change comprehensive risk assessments that concentrate on the prioritized enforcement areas of the doj-from, sanctions and anti-money laundering.
• Implement robust internal controls and surveillance systems to identify and prevent misconduct.
• Make sure that Compliance programs are adequately equipped and the supervisors are authorized to act independently.

Encourage and facilitate internal reporting

Apply a culture in which the employees certainly report in internal misconduct so that the company can proactively tackle problems.

• Creating or improving whistleblower programs that encourage employees to report concerns internally.
• Ensuring confidentiality and protection against retaliation for whistleblower.
• React immediately and thoroughly to internal reports on misconduct.

Prepare for potential doj engagement

If potential violations are identified, carry out thorough internal examinations and take into account a voluntary self -fulfillment of the DOJ in order to benefit from the revised guidelines for the enforcement of companies.

• Develop protocols to make voluntary self -disclosure of misconduct to the DOJ.
• Keep the documentation of the compliance efforts and internal studies.
• Train legal and compliance teams about the new guidelines and expectations of the DOJ.

Stay informed about enforcement trends

Monitor Doj announcements and directive changes to reconcile the enforcement priorities and expectations.

• Stay up to date with changes to the priorities and guidelines of the Doj enforcement.
• Compare the legal advisor to evaluate the effects of these changes on your organization.
• Adjust the conformity strategies accordingly to adapt to the developing regulatory landscapes.

The DOJ's revised approach to enforce employed criminal crime underlines the importance of proactive compliance and internal accountability. Global companies should take immediate measures in order to align their practices to the expectations of the doj to reduce risks and to ensure the regulations for the regulatory regulations.

More information

If you have any questions about it alarmPlease contact Tarsha A. Phillibert, Eric R. Breslin, one of the lawyers in our criminal defense, corporate investigations and regulatory conformity group or the lawyer in the law firm with which you are regularly in contact.

Disclaimer: This warning was only created and published for information purposes and is not offered as legal advice, nor should it be interpreted. For more information, see the company's complete disclaimer.