Michael Volkov Releases New E-Book: The Road Ahead — The Justice Department’s Path to a Balanced White-Collar Enforcement Policy
I am pleased to announce the release of my new e-book: The Road Ahead: The Justice Department’s Path to a Balanced White-Collar Enforcement Policy.
The new e-book can be downloaded HERE.
Thanks to Corporate Compliance Insights for publishing the book and its continuing support.
The Justice Department’s FCPA Corporate Enforcement Policy, adopted in November 2017, was a watershed moment in criminal justice. Over the last five years, the Justice Department “struggled” to establish a firm set of rules and expectations surrounding corporate criminal liability.
Beginning with the FCPA Guidance, issued in November 2012, and then culminating with the FCPA Corporate Enforcement Policy, issued in November 2017, the Justice Department has sought to balance several competing factors: (1) encouraging voluntary disclosures of corporate misconduct; (2) deterring corporate misconduct through prosecution of individual actors; (3) avoiding disproportionate punishment of corporate shareholders; and (4) providing meaningful incentives for companies to implement proactive ethics and compliance programs to detect and prevent corporate misconduct.
The stakes for the Justice Department, and for the US economy and society as a whole, are high. Since the financial collapse in 2008, and the resounding absence of criminal prosecutions of senior executives from culpable financial institutions, the Justice Department has sought to implement a “new” approach, which balances the relevant factors to ensure effective prosecution of corporate crime and individual misconduct. This book examines the path and the Justice Department’s approach to this difficult but critical issue.