Category: General

20 May, 2025

DOJ Expands Whistleblower Program to Include Tariffs, Sanctions and Export Controls (Part III of III)

DOJ’s new Corporate Enforcement Program is designed to bring certainty to the voluntary disclosure and cooperation process. DOJ’s intent is clear — voluntary disclosure is likely to lead to a declination, reduced penalties and the absence of a corporate monitor. DOJ’s changes are another attempt to spur voluntary disclosures. Over the last ten years, DOJ has step-by-step sought to increase the benefits of voluntary disclosure. ...

General

19 May, 2025

DOJ Reforms Corporate Investigations and Monitorships (Part II of III)

For years, companies have dreaded DOJ’s potential appointment of a corporate monitorship as part of a criminal resolution. Companies have often complained about the experience, citing burdensome and sometimes unnecessary changes being required as part of a corporate monitorship. On the other hand, some companies who have completed a monitorship will acknowledge that the corporate monitor helped the company establish effective ethics and compliance program...

General

15 May, 2025

DOJ Announces New White Collar Enforcement Strategy (Part I of III)

With each new Administration comes a new approach or emphasis on certain enforcement priorities. The Trump Administration is marking its territory and doing so to underscore its priorities. In a recent speech, the Assistant Attorney General Matthew R. Galeotti for the Criminal Division announced DOJ’s new approach. To reinforce this new approach, DOJ issued a new memorandum, Focus, Fairness and Efficiency in the Fight Against...

General

13 May, 2025

This is Not the Time to Retreat on Compliance

Call me an optimist — it is a much better alternative than being a pessimist or a “realist” with a pessimistic bent. So, let’s start by acknowledging the obvious. Businesses are operating in a volatile environment. The Trump Administration is moving fast, sometimes changing strategies from one day to another. Businesses clamor for stability. This is particularly important when it comes to trade policy and...

General

7 May, 2025

Voluntary Self-Disclosure Shields Universities Space Research Association from Prosecution by DOJ

On April 30, 2025, the U.S. Department of Justice’s National Security Division (“NSD”) issued a formal declination of prosecution to the Universities Space Research Association (“USRA”) following the organization’s timely and fulsome voluntary self-disclosure of export control violations perpetrated by a former employee. The declination, conveyed through a detailed letter signed by Principal Deputy Assistant Attorney General David Newman, marks one of the clearest applications...

General

5 May, 2025

LRN Issues New Report Highlighting High-Performing Compliance Programs

LRN’s Program Effectiveness Report is an important annual event. LRN consistently provides important trend, benchmarking and program measurements. As an important leader in this area, LRN never pulls any punches. This year’s report is nothing different. In reporting on a survey of 1500 global ethics and compliance professionals, LRN reports on important trends and measurements. This year’s key findings: High-impact programs are more adept at...

General

2 May, 2025

Reviewing the CPB Enforcement Process Under 19 U.S.C. § 1592 (Part II of II)

CPB’s administrative enforcement program is robust and increasing, especially with the importance of trade and tariff enforcement. There are a lot of “ins and outs” (Big Lewbowski Here) to the administrative process which can make it appear overly complex. Case Initiation: CBP initiates investigations from a variety of sources including routine audits, cargo examinations, e-allegations, and referrals. The import process, for obvious reasons, includes a...

General

29 Apr, 2025

Stepping Into the Enforcement Spotlight — Customs and Border Patrol and Import Enforcement (Part I of II)

The Trump Administration is committed to a re-defined objective of fair trade. This will have a significant impact on all businesses, across all operational functions. This is not surprising — for years, the United States has pushed global trade as an objective unto itself. The Trump Administration is raising important questions concerning the benefits to U.S. consumers and workers. As part of this new international...

General

29 Apr, 2025

Global Anti-Corruption Efforts and DOJ’s FCPA Pause

The Justice Department’s six-month pause on FCPA enforcement has left a gap in the global anti-corruption fight. The Justice Department played a critical role in coordinating international efforts and enforcement. in the face of these developments, foreign prosecutors and even the State of California have publicized their intention to increase anti-corruption enforcement. UK-France-Switzerland Taskforce On March 20, 2025, the United Kingdom, France and Switzerland announced...

General

24 Apr, 2025

DSP Compliance: DOJ Sets July 8, 2025 Deadline (Part III of III)

As if legal and compliance professionals had enough responsibilities on their plates, DOJ dropped another shoe (to join the tariffs, sanctions and export controls, and immigration issues) and upped the stakes for ethics and compliance programs. DOJ dropped a comprehensive set of new regulations governing data security and gave companies a 90-day head start — once we get to July 8, 2025, DOJ warned that...