The award winning, Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode of Compliance into the Weeds, Tom Fox and Matt Kelly discuss how internal dysfunction at the U.S. Department of Justice is creating uncertainty for corporate compliance teams and corporations more generally.
Focusing on a reported turf battle between the long-standing Fraud Section in the Criminal Division, established in 1955 and central to FCPA enforcement and compliance guidance and a newly created national Fraud Division, which was initially framed as targeting government benefits fraud. They argue the reorganization could drain expertise, reduce future DOJ guidance and distort enforcement into politically selective actions, citing IBM’s $17 million settlement and an EEOC case involving The New York Times, and Smartmatic’s experience. They also highlight DOJ staffing losses with a net 20% fewer lawyers, loss of experienced attorneys, reliance on inexperienced hires and bonuses and warn the volatility may chill voluntary self-disclosure despite DOJ messaging encouraging it.
Key Highlights
- DOJ Train Wreck Overview
- Fraud Section vs Fraud Division
- Political Enforcement Reality
- Self-Disclosure Gets Riskier
- What Companies Should Do Now
Resources
Matt on Radical Compliance
Tom
A multi-award winning podcast, Compliance into the Weeds was most recently honored as one of a Top 25 Regulatory Compliance Podcast and a Top 10 Business Law Podcast, and a Top 12 Risk Management Podcast. Compliance into the Weeds has been conferred a Davey, Communicator and w3 Award, all for podcast excellence.