John Davis Comments on DOJ's Corporate Enforcement Policies in Anti-Corruption Report
"A PR Blitz as DOJ Fine-Tunes Its Corporate Enforcement Policies"
John Davis commented on the U.S. Department of Justice's (DOJ) recent revisions to its corporate criminal enforcement policies, including efforts to promote self-disclosure and foster greater transparency and equity in choosing compliance monitors, which Deputy Attorney General Lisa Monaco announced on September 15, 2022. "The DOJ is taking several steps to standardize its enforcement practices across all of its departmental components, in many cases using existing guidance and policies (such as the FCPA Corporate Enforcement Policy (CEP) and Antitrust Division policies and guidance) as models," Davis said. Davis advised that "[c]ompanies may want to review the [new DOJ] guidance as to compliance programs (such as it relates to executive compensation, document retention policies, and investigation procedures) now to determine whether there are potential gaps that could raise issues in the event of a future DOJ investigation." Davis noted further, "Companies may also want to review their policies as to self-disclosure in light of the new guidance to assess the risks and benefits related to whether and how fast the company might plan to self-disclose issues to the DOJ once they become aware of such issues."