John Davis Discusses the DOJ's Focus on Corporate Recidivism in Global Investigations Review

"DOJ's Focus on Corporate Recidivism a 'Significant' Policy Shift"

Global Investigations Review

11.08.2021

John Davis discussed the recent policy shifts to corporate enforcement made by the U.S. Department of Justice (DOJ). Under a new policy, prosecutors will consider all of a company's prior criminal and civil offences, including ones handled by different agencies and foreign jurisdictions, when determining a settlement. "Is it fair to penalize a company based in part on a foreign resolution that doesn't take the same type of considerations?" Davis asked. Davis told GIR the fact that prosecutors will also consider prior resolutions handled by foreign jurisdictions may raise some concerns because those matters were considered with different factors in mind adding that many countries enforce their laws differently than the U.S. and have regulations that are not equivalent to U.S. laws.