Crim Div’s Enforcement Policy: What’s New for Companies Deciding Whether to Voluntarily Disclose?

By: Jacqueline C. Wolff
– Business Crimes Bulletin

Investigations, Compliance and White Collar Defense Partner Jacqueline Wolff authored an article for Business Crimes Bulletin discussing when companies should consider voluntarily disclosing potential criminal misconduct in light of the recently announced Criminal Division’s Corporate Enforcement Policy (CEP).  

In the article, Wolff discussed how the Department of Justice (DOJ) has attempted to encourage companies to voluntarily disclose misconduct violations with the Criminal Division implementing significant revisions to the CEP. She explained, however, that this approach may complicate the relationship between companies, their employees and the DOJ itself. “Whereas many of these revisions clarify under what circumstances a company that is voluntarily disclosing can expect to avoid a criminal resolution… some of the factors that need to be met may be too onerous for some companies and even potentially in conflict with counsel’s obligation to conduct a thorough internal investigation,” Wolff wrote.  

Read the complete Business Crimes Bulletin article here.  



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