What’s the real cost of keeping corporate misconduct hidden? In this episode of Corruption, Crime, and Compliance, Michael Volkov explores how the DOJ’s recent declinations highlight the risks and rewards of voluntary self-disclosure. By examining two key cases, Michael illustrates how companies can avoid prosecution through cooperation but still face significant penalties, like disgorgement. The episode underscores the importance of transparency and robust compliance programs in navigating DOJ enforcement strategies.
Key Points Covered:
- Declinations Explained: While DOJ declinations allow companies to avoid criminal charges, they require disgorgement of illegal profits.
- Boston Consulting Group Case: BCG reported bribery violations related to securing contracts in Angola. The company earned a declination by cooperating with DOJ, firing involved employees, and enhancing compliance. Total disgorgement: $14.4 million.
- Hitachi Cable (Proterial) Case: Hitachi Cable disclosed fraudulent safety violations in its motorcycle brake hoses. The company’s proactive disclosure and internal reforms led to a declination. Disgorgement: $15.1 million, with partial credit for prior payments.
- The Risk of Concealment: Companies that hide misconduct face higher penalties. Voluntary disclosure offers the potential for leniency through declinations.
- DOJ’s Corporate Compliance Focus: DOJ continues to push for transparency and proactive corporate compliance, using declinations as a tool to incentivize self-reporting and improve internal controls.
Resources:
