A .gov website belongs to an official government organization in the United States. Work. . . Monaco announced that DOJ would release new guidance for prosecutors about how to identify the need for an independent compliance monitor, how to select a monitor, and how to oversee the monitors work to increase the likelihood of success. In addition, DOJ is taking a tougher stance on DPAs and NPAs for recidivists. I am therefore asking the Deputy Attorney General, in the Deputy Attorney General for any use of compulsory legal process for the purpose of obtaining information from or records ofa member ofthe news media. I also formed the Corporate Crime Advisory Group, a group of DOJ experts tasked with a top-to-bottom review of our corporate enforcement efforts. Let me turn now to substanceand the changes the Department is implementing to further strengthen how we prioritize and prosecute corporate crime. Updated July 13, 2022 Leadership Jolene Ann Lauria Acting Assistant Attorney General Contact Justice Management Division 202-514-3101 Employment Verification Information 1-800-367-2884 Prior to this position, Ms. Lauria was the Director of Budget Staff for the Department of Justice where she had operational responsibility for the formulation and execution of the Departments budget, and its performance outcome measures. In 2015, she was appointed United States Deputy Attorney General by President Barack Obama.Following the inauguration of President Donald Trump and the departure of Attorney General Loretta Lynch on January 20, 2017 . But where we impose a monitor, we recognize our obligations to stay involved and monitor the monitor. And because "in individual prosecutions, speed is of the essence," department prosecutors have been directed to, whenever possible, complete criminal investigations and seek charges for . Today, I will outline additional guidance for evaluating corporate recidivism. Referred to Committee Date: In case you or your organization have business dealings in the U.S., it might be worth to read up on the background of what's known as the #MonacoMemo.Please find below the link to the respective speech by U.S. Deputy Attorney General Lisa O. Monaco. Some photos, graphics, and other materials used on this website are copyrighted and used with permission or licensed for use on this website, but may not be copied and distributed without the copyright holders permission. Appointments are strongly encouraged at the three locations for the Delaware Department of Justice - drop-ins may not be seen due to security purposes and scheduled appointments. Turn it on to take full advantage of this site, then refresh the page. On September 15, 2022, Deputy Attorney General Lisa Monaco provided additional guidance around DOJ's corporate criminal enforcement. Deputy Minister; Canada: Justice and Attorney General: David Lametti: Nathalie G. Drouin: Public Prosecution Service of Canada: Kathleen Roussel (Director of Public Prosecution) Public Safety: Ralph Goodale: Malcolm Brown : Newfoundland and Labrador: Justice, Attorney General and Public Safety: Andrew Parsons: Heather Jacobs: Prince Edward Island In the absence of the Attorney General, the Deputy Attorney General acts as the Attorney General. Location. Dated conductwhich Monaco defined as criminal violations that are more than 10 years old or civil/regulatory violations that are more than five years oldwill be afforded less weight. We heard about the need to evaluate the regulatory environment that companies operate in, as well as the need to consider the age of the misconduct and subsequent reforms to the companys compliance culture. Contact the Department Phone: 202-514-2000 TTY/ASCII/TDD: 800-877-8339. Sometimes we see companies and counsel electfor strategic reasonsto delay the disclosure of critical documents or information while they consider how to mitigate the damage or investigate on their own. Those companies who own up will be appropriately rewarded in the Departments approach to corporate crime. was most recently partner at Morningstar Law Group, where he practiced commercial and intellectual property litigation. Continuing Legal Education Society. In individual prosecutions, speed is of the essence. DOJ has also brought a number of individual prosecutions related to corporate crime, several of which it litigated at trial. Job Description and Duties . Significantly, this requires companies to engage counsel early to quickly evaluate misconduct, determine the breadth and speed of a disclosure, and ensure that the companies interests are protected. A .gov website belongs to an official government organization in the United States. We will continue to seek targeted resources for corporate criminal enforcement, including the $250 million we are requesting from Congress for corporate crime initiatives next year. Assignments in the Civil Rights Enforcement Section may include: proactively planning, organizing, managing, and conducting large-scale investigations and civil litigation, often on cutting edge . See, e.g., J.M. 9-10.190(8), 9-10.210. The changes, billed by DOJ as one of the most comprehensive overhauls of corporate enforcement in years, build on existing policies in an attempt to further DOJs current tough-on-white-collar-crime approach. Voluntary self-disclosure is an indicator of a working compliance program and a healthy corporate culture. Jolene Ann Lauria is the Deputy Assistant Attorney General/Controller for the Department of Justice (DOJ). She was the recipient of the Patricia Roberts-Harris Fellowship at the American University and the American Universitys Arthur S. Flemming Award for Exemplary Public Service. James Andrew Baker [1] is a former American government official at the Department of Justice who served as general counsel for the Federal Bureau of Investigation (FBI). PO Box 83720. He and his wife Anna have three children. Please note that many exams for . Separately, we do not want to discourage acquisitions that result in reformed and improved compliance structures. Business North Carolina has twice profiled Matt as the top antitrust lawyer in North Carolina. Owen is acting Assistant Deputy Attorney General with the Department of Justice Canada, where he previously served as Deputy Assistant Deputy Attorney General and Senior General Counsel. But resourcing a compliance department is not enough; it must also be backed by, and integrated into, a corporate culture that rejects wrongdoing for the sake of profit. He re-joined the Wisconsin Department of Justice after working for more than a decade in private practice in Madison. Boise, -0036. I am taking part in an expert webinar on "Compliance Trends & US DOJ and SEC Expectations" organized by AmCham Germany and Covington. Monaco stated that DOJ will also ensure that corporate monitorships are tailored to the misconduct and compliance deficiencies of the resolving companies, and that that DOJ was committed to monitoring the monitors, ensuring that the work remained in scope and on budget. 3 December 2022 11:57am Deputy Attorney-General, Alfred Tuah-Yeboah, says the office of the Attorney-General has not been compromised in the ongoing trial of the founder of the defunct. In all of these capacities, she makes critical strategic planning and resource recommendations to the Attorney General, Senior Policy Staff, the White House and Congress. As DOJ ramped up enforcement, Monacos advisory group evaluated the necessity of changing existing policies to support its more aggressive approach. Under the policy announced by former Deputy Attorney General (DAG) Sally Yates in 2015, and relaxed under the prior administration, companies seeking cooperation credit were required to completely disclose to DOJ all relevant facts about individual misconduct. The Department is committed to providing incentives to companies that voluntarily self-disclose misconduct to the government. David Elliott, Deputy Chief of Staff and Special Deputy Attorney General, has served in the North Carolina Department of Justice since 1997. Prior to that, Laura served as Press Secretary to Sen. Richard Shelby (R Ala.) and worked in the press office of Sen. Elizabeth Dole (R N.C.). A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Monaco described individual accountability as DOJs top priority and said that it is committed to do more and move faster. To that end, Monaco announced changes designed to speed up the clock on individual prosecutions. Ms. Lauria has a B.S. [1] Deputy Attorney General @ California Department of Justice Attorney @ Kassinove & Raskin; Attorney at Donahue Gallagher Woods LLP @ Donahue Gallagher Woods LLP see more Official websites use .gov This could pose labor and employment related issues for corporations and may present additional complications for corporations with an international footprint. We expect good companies to step up and own up to misconduct. Thursday, March 18, 2021 Contact: (916) 210-6000, agpressoffice@doj.ca.gov SACRAMENTO - California Attorney General Xavier Becerra today stepped down as Attorney General. Matt also is the former chair of the North Carolina Bar Associations Appellate Rules Committee. This prestigious award recognized her risk-taking, vision and pioneering spirit in the federal IT community. From 1999-2000, he served as an Assistant Attorney General for the State of Georgia. Let me turn to monitors. But they are also about ownership and choice. While these changes do not represent a dramatic policy shift, they do signal even more aggressiveand fasterindividual prosecutions. Mr. Daigle previously served as Associate Deputy Minister of the Department of Justice Canada since July 27, 2017. And they must identify the concrete benefits that a self-disclosing company can expect. Secure .gov websites use HTTPS No one should have a financial interest to look the other way or ignore red flags. An official website of the United States government. She worked as an intern in the White House Counsel office during President Clinton's administration. Voluntary self-disclosure programs, in various Department components, have already been successful. Contact the Webmaster to submit comments. Monaco stressed that companies must employ clawback provisions or devise other ways to hold financially accountable individuals who contribute to criminal misconduct. This will include how to help shift the burden of corporate financial penalties away from shareholderswho frequently play no role in misconductonto those more directly responsible. This requirement is in addition to prior guidance that corporations must provide all relevant, non-privileged facts about individual misconduct to receive any cooperation credit. And what do we mean by dated? In order to apply for a job with the Department of Justice, most individuals with no prior state service must first take an exam. Biden-Harris Administrations Policies and Priorities, DAG Lisa Monaco's September 15 Remarks on Corporate Criminal Enforcement, Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group, DOJ Deputy Attorney General Announces Changes to Corporate Crime Policy. WASHINGTON - Today, President-elect Joe Biden announced key nominations for the Department of Justice: Judge Merrick Garland, nominee for Attorney General; Lisa Monaco, nominee for Deputy Attorney General; Vanita Gupta, nominee for Associate Attorney General; and Kristen Clarke, nominee for Assistant Attorney General for the Civil Rights Division. According to Monaco, failure to quickly turn over evidence implicating individualseven to complete an internal investigationor gamesmanship with the timing of document productions, will result in the reduction or denial of cooperation credit. Importantly, Monaco noted that DOJ will consider not just what the policies say, but what companies actually do. She co-founded the section's Attorneys General and Department of Justice Issues Committee (AGDJ). Signup for Email Updates Raleigh, NC 27603, 2306 West Meadowview Road Applications: Forward Letter of interest, resume and writing sample to: Idaho Attorney General's Office Attn: Alicia Hymas, Legal Secretary. Significantly, Monaco announced that DOJ did not want to discourage companies from acquiring entities with a history of compliance problems if the acquisition results in the enhancement of the compliance program. If a cooperating company discovers hot documents or evidence, its first reaction should be to notify the prosecutors. Lisa Monaco, deputy US attorney general, listens during a news conference at the Department of Justice in Washington, DC, US, on Wednesday, Nov. 30, 2022. Despite those steps forward, we cannot ignore the data showing overall decline in corporate criminal prosecutions over the last decade. These policies must provide clear expectations of what self-disclosure entails. Deputy Attorney General Lisa O. Monaco Delivers Remarks on Corporate Criminal Enforcement. Every meeting resulted in some idea or insight that was helpful and that we sought to incorporate into our work. In short, were empowering companies to do the right thingand empowering our prosecutors to hold accountable those that dont. Nov. 14, 2022, 7:56 AM. Meet the Associate Attorney General Vanita Gupta Associate Attorney General Vanita Gupta was sworn in as Associate Attorney General of the United States on April 22, 2021. Going forward, when prosecutors evaluate the strength of a companys compliance program, they will consider whether its compensation systems reward compliance and impose financial sanctions on employees, executives, or directors whose direct or supervisory actions or omissions contributed to criminal conduct. October 1, 2021. First, we are releasing new guidance for prosecutors about how to identify the need for a monitor, how to select a monitor, and how to oversee the monitors work to increase the likelihood of success. Monaco built on her 2021 announcement that DOJ would take a more holistic view of a companys record of prior misconduct, reiterating that repeat offenders would not be tolerated and that DOJ would consider all of a companys prior misconduct when assessing potential resolutions. [5] [6] Deputy Attorneys General, with critical support from criminal investigators, social workers, paraprofessionals, and administrative staff, prosecute criminal cases, enforce consumer laws, provide counsel to state agencies, ensure the public's access to open government, protect the abused, and much more. Elon Musk said that Twitter's former Deputy General Counsel James Baker was "exited" from the company on Tuesday after revelations about his role in the platform's handling of the Hunter Biden . Going forward, DOJ will afford the most weight to criminal resolutions in the United States, and wrongdoing involving the same personnel, root causes, or types of misconduct. Citing the Foreign Corrupt Practices Acts (FCPAs) Corporate Enforcement Policy and the Antitrust Divisions leniency program as models, Monaco noted that every DOJ component engaged in corporate enforcement will implement a program to incentive voluntary disclosures. November 15, 2021. DOJs message to corporations is clear: invest in compliance and an improved culture, come forward as soon as misconduct occurs, and turn over information or documents that show individual culpability. JavaScript is turned off in your web browser. Elliott spent 10 years as a litigator in the Consumer Protection Division. On the deterrence side, those companies employ clawback provisions, the escrowing of compensation, and other ways to hold financially accountable individuals who contribute to criminal misconduct. I am excited by their talent, energy and commitment to serving the people of North Carolina.. The United States deputy attorney general is the second-highest-ranking official in the United States Department of Justice and oversees the day-to-day operation of the Department. Previously, he served as the principal associate deputy attorney general in 2020 and as United States attorney for the Eastern District of New York from 2018 to 2020. Going forward, undue or intentional delay in producing information or documentsparticularly those that show individual culpabilitywill result in the reduction or denial of cooperation credit. Second, Ill discuss our approach to companies with a history of misconduct. For example, if a corporation operates in a highly regulated industry, its history should be compared to others similarly situated, to determine if the company is an outlier. Let me start by acknowledging some of my DOJ colleagues who are here. Monaco said that when a company discovers a hot document or email that points to individual criminal culpability, it should immediately produce it to DOJ. This budget spans over 40 separate component organizations, including high-profile law enforcement organizations, such as the Federal Bureau of Investigation, Drug Enforcement Administration, the United States Marshals Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Bureau of Prisons. Over the past year of discussions, we heard a call for more transparency to reduce suspicion and confusion about monitors. He brings substantial. DOJ will also consider the nature and circumstances of the prior misconduct, and assess it in comparison to similarly situated companies. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. While many companies and prosecutors follow these principles now, this guidance sets new expectations about the sequencing of investigations and clarifies the Departments priorities. Yesterday Acting Principal Deputy Assistant Attorney General Nicole Argentieri delivered this speech at the annual FCPA dog and pony show. Jolene Ann Lauria At an October 28, 2021, speech before the American Bar Association's Annual National Institute on White Collar Crime, US Deputy Attorney General (Deputy AG) Lisa Monaco re-emphasized the priority placed by current leadership within the US Department of Justice (DOJ) on prosecuting white-collar crime at both the individual and corporate level. served as Steins Legislative Assistant throughout his four terms as State Senator. Attorneys for the Southern and Eastern Districts of New York, New Jersey, and Connecticut. Ensuring Appropriate Coordination with State, Local and Tribal Law Enforcement Authorities. An official website of the United States government. First, not all instances of prior misconduct are created equal. The Department of Justice announced in their Civil Cyber-Fraud Initiative that they will utilize the False Claims Act to pursue cybersecurity related fraud by Christopher Nash on LinkedIn: Deputy Attorney General Lisa O. Monaco Announces New Civil Cyber-Fraud Sally Quillian Yates (born Sally Caroline Quillian; August 20, 1960) is an American lawyer.From 2010 to 2015, she was United States Attorney for the Northern District of Georgia. Electoral Boundaries Commission. Today, were addressing those concerns. Thank you again for having me here today. has served in the North Carolina Department of Justice since 1997. Deputy Minister of Justice and Deputy Attorney General of Canada A. Franois Daigle was appointed Deputy Minister of Justice and Deputy Attorney General of Canada on August 23, 2021. worked for the last six years at Capstrat, a communications agency, where she conducted work on behalf of clients in the public and private sectors. Absent aggravating factors, DOJ will not seek a guilty plea for misconduct that is voluntarily disclosed and remediated. Supervising Deputy Attorney General Classification: That includes the U.S. But past actions may not always reflect a companys current culture and commitment to compliance. Second, going forward, all monitor selections will be made pursuant to a documented selection process that operates transparently and consistently. Deputy AG Monaco also announced three new . Collectively, this new guidance should push prosecutors and corporate counsel alike to feel they are on the clock to expedite investigations, particularly as to culpable individuals. Corporate Crime Advisory Group and Initial Revisions to Corporate Criminal Enforcement Policies. Grayson also was a partner at Marshall, Safran & Kelley, where he worked in construction contract litigation. For these purposes, the most significant types of prior misconduct will be criminal resolutions here in the United States, as well as prior wrongdoing involving the same personnel or management as the current misconduct. Seth is a native of Pinnacle and served as Student Body President of his alma mater, the University of North Carolina at Chapel Hill. Attorney General Kathy Jennings Contact Information Listen If you have questions or concerns related to the COVID-19 pandemic, e-mail us at COVID.DOJ@delaware.gov. Simply put, the math is easy: voluntary self-disclosure can save a company hundreds of millions of dollars in fines, penalties, and costs. The advisory group solicited feedback from a variety of outside sources such as defense lawyersincluding lawyers from Morgan Lewisas well as ethicists, academics, activists, lawyers, executives, and compliance officers, to help usher in the changes. The Nunes panel has spent much of this year investigating whether DOJ, under then-Attorney General Loretta Lynch, used the dossier to justify a foreign surveillance warrant against Page. Hendersonville, NC 28792. NCDOJ does not represent individuals in private cases. The Attorney General makes appointments and/or recommends Lieutenant Governor-in-Council appointments to a number of other entities related to the ministry's mandate such as: BC Law Institute. And companies can foster that culture through their leadership and the choices they make. Further, DOJ will not seek a monitor so long as a remedial compliance program has been implemented and tested by the time of the resolution. McNulty becomes the highest-ranking Justice Dept. The associate deputy attorney general positions are filled by Senior Executive Service (SES) career attorneys, by SES political appointees, or by non-SES career attorneys serving on detail assignments from elsewhere in the department. SALARY RANGE: $81,452.88 - $108,753.00 (Employer/Employee Paid) $70,908.48 - $94,671.00 (Employer Paid) DUTY STATION AND HOURS: With this position announcement, the Office of the Attorney General is seeking applicants for a vacant Deputy Attorney General position. Companies that do so will welcome the announcements today. Roy Cooper and for University of North Carolina General Administration under then-President Erskine Bowles. If you have additional questions after reviewing this information, please call our Talent Acquisition & Analytics Unit at (916) 210-6021. Department adopted changes to Title 9, Chapter 10 ofthe Justice Manual to expedite the execution ofcapital sentences. To get a wide range of perspectives, we met with a broad group of outside experts, including public interest groups, ethicists, academics, audit committee members, in-house attorneys, former corporate monitors, and members of the business community and defense bar. Greensboro, NC 27047, 300 Saint Pauls Road The deputy attorney general acts as attorney general during the absence of the attorney general. December 6, 2022. . Suite 110 She has also worked for non-Profit organizations such as the International City Management Association, and the American Society for Public Administration. SUPERVISING DEPUTY ATTORNEY GENERAL $12,445.00 - $15,990.00 # of Positions: 1 Work Location: United States Job Type: Permanent, Full Time Work Week: Monday-Friday Department Information This position is located in the Division of Public Rights, Environment Section, and may be filled in Sacramento, Oakland, Los Angeles, or San Diego. By contrast, recent cases that did not involve self-disclosure have resulted in guilty pleas and billions of dollars in criminal penalties, this year alone. ABB's demonstration of intent to self-disclose bribery misconduct before a media report broke helped the repeat FCPA offender obtain a parent-level DPA, the principal associate deputy attorney general said. In many cases, voluntary self-disclosure is a sign that the company has developed a compliance program and has fostered a culture to detect misconduct and bring it forward. As everyone here knows, it all comes back to corporate culture. With a combination of carrots and stickswith a mix of incentives and deterrencewere giving general counsels and chief compliance officers the tools they need to make a business case for responsible corporate behavior. I previously announced that prosecutors must consider the full range of a companys prior misconduct when determining the appropriate resolution. US Department of Justice; MIL-OSI Security: Deputy Assistant Attorney General Arun G. Rao Delivers Keynote Address at the Food and Drug Law Institute Enforcement, Litigation and Compliance Conference: for the Drug, Device, Food and Tobacco Industries He has served the last eight as Rosenblum's Deputy. Voluntary self-disclosure cases have resulted in declinations and non-prosecution agreements with no significant criminal penalties. Deputy Attorney General Lisa Oudens Monaco was born in February 1968 in Boston, Massachusetts. Judicial Council of the Provincial Court of BC. Finally, I want to be clear that this Department will disfavor multiple, successive non-prosecution or deferred prosecution agreements with the same company. Deputy Attorney General Lisa O. Monaco Delivers Remarks at the Civil Rights Division's 65th Anniversary. View Details. Predictability is critical. Whether wrongdoers are on the trading floor or in the C-suite, we will hold those who break the law accountable, regardless of their position, status, or seniority. Acting Assistant Attorney General, Justice Management DivisionContact the Department, Employment Verification Information In a speech at the American Bar Associations annual White Collar Crime Conference in October 2021, Monaco signaled a more aggressive enforcement approach to corporate crime. in Political Science, a certificate in Public Administration from the University of Maryland, Baltimore County, and has a Masters degree in Public Administration (MPA) from the American University. Agency Code 10563, Meet the Acting Assistant Attorney General. We at the Department of Justice are not regulators, nor do we aspire to be. Finally, Department prosecutors will ensure that the scope of every monitorship is tailored to the misconduct and related compliance deficiencies of the resolving company. Prior to her time working in the General Assembly, Finley worked for AT&T, serving as a liaison between the company and the North Carolina Utilities Commission. Some facts might indicate broader weaknesses in the compliance culture or practices, such as wrongdoing that occurred under the same management team or executive leadership. So, for the first time ever, every Department component that prosecutes corporate crime will have a program that incentivizes voluntary self-disclosure. To do that, we will require cooperating companies to come forward with important evidence more quickly. If any corporation still thinks criminal resolutions can be priced in as the cost of doing business, we have a messagetimes have changed. Now, its safe to say that no issue garnered more commentary in our discussions than the commitment we made last year to consider the full criminal, civil, and regulatory record of any company when deciding the appropriate resolution. Presently, Aaron R. Goldstein is the State Solicitor and Ilona M. Kirshon is the Deputy State Solicitor. For those who dont, however, our Department prosecutors will be empowered, tooto hold accountable those who dont follow the law. Addressing corporate crime is not a new subject for the Justice Department. was a partner at Ellis & Winters focusing on appeals, business litigation and antitrust. Since 2007, David has been the Director of the Victims and Citizens Services section of the North Carolina Department of Justice, where he has advocated against domestic violence, sexual assault, and human trafficking. Monaco described voluntary self-disclosure as evidence of a healthy compliance culture. Ms. Lauria is the lead executive responsible for implementing DOJs Unified Financial Management System, turning a long-standing Departmental vision of operating a single modern financial management system into a reality. Jolene is also a graduate of the Federal Bureau of Investigation National Academy. Leon Neyfakh has been covering Rosenstein for the past few weeks, and joins us to talk about whether anyone at the Department of Justice can remain neutral in these polarized times. On September 15, 2022, Deputy Attorney General Lisa Monaco announced updates, new policies, and clarifications to the U.S. Department of Justice's corporate criminal enforcement policies. Let me start with our top priority for corporate criminal enforcement: going after individuals who commit and profit from corporate crime. View Article . Monaco also stated that DOJ will not sign DPAs or NPAs with companies until it has either commenced any relevant individual prosecutions or has developed a full investigative plan and timeline for doing so. Dearmin formerly worked on the Attorney Generals staff of now-Gov. Laura is a graduate of Mary Washington College and Johns Hopkins University. Prior to that, he led various initiatives for political, corporate and non-profit clients of Nexus Strategies, a public affairs consulting firm. Official websites use .gov The former federal prosecutor became the U.S. Deputy Attorney General just over two weeks ago, and since then, has found himself at the center of storm around . Delayed disclosure undermines efforts to hold individuals accountable. Time will tell how these new component-level programs develop; Monaco did not promise the same level of leniency in the future that the FCPA and Antitrust programs have offered cooperating companies. On the incentive side, companies are building compensation systems that use affirmative metrics and benchmarks to reward compliance-promoting behavior. David is a native of Chapel Hill and a graduate of the University of North Carolina at Chapel Hill and Duke University School of Law. The. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. That decision was driven by the fact that between 10% and 20% of large corporate criminal resolutions have involved repeat offenders. If you look at recent cases, you can see the value proposition. But Attorney General Levi also said that efforts to fight corporate crime were hampered by a lack of resources, specially trained investigators, and other issues. In addition, the Department will not require an independent compliance monitor for such a corporation if, at the time of resolution, it also has implemented and tested an effective compliance program. U.S. Department of Justice 950 Pennsylvania Avenue NW Washington DC 20530. Im happy to be back at NYU, and to see so many friends and former colleagues in the room. This prestigious award recognized her risk-taking, vision and pioneering spirit in the federal IT community. If a component currently lacks a formal, documented policy, it must draft one. Companies cannot assume that they are entitled to an NPA or a DPA, particularly when they are frequent flyers. The speech touched on three issues: (i) the "Criminal Division's continued cooperation with our international partners and how [the DOJ] is expanding those relationships to combat corruption and other offenses; (ii) "recent FCPA enforcement actions The Civil Division is comprised of 60 Deputy Attorneys General and 17 administrative support staff. Monaco noted that DOJs evaluations of corporate compliance programs will take into account whether compensation systems reward compliance and impose financial sanctions on employees, executives, or directors whose direct or supervisory actions or omissions contributed to criminal conduct.. For at least a half-century, therefore, it has been the responsibility of my predecessors to set corporate criminal policy for the Department, and I follow in their footsteps. LEARN MORE News from the Associate Attorney General December 1, 2022 Press Release FBI and Bureau of Indian Affairs Sign Agreement to Improve Law Enforcement in Indian Country In this LawFlash, the Morgan Lewis white collar litigation and government investigations team discusses the most significant points from Monacos speech and the corresponding revised policies. We also want to clarify the benefits of promptly coming forward to self-report, so that chief compliance officers, general counsels, and others can make the case in the boardroom that voluntary self-disclosure is a good business decision. She is the principal financial management and budget expert for the Department of Justice. Today, I am also directing Department prosecutors to monitor those monitors: to ensure they remain on the job, on task, and on budget. Prior to confirmation by the United States Senate, Attorney General Becerra selected Matthew "Matt" Rodriquez to serve as Chief Deputy Attorney General. And as many of you know, the Office for Access to Justice, as Rachel said, serves as the staff of the Roundtable. He answered those complaints as all great Attorneys General dohe said his Deputy Attorney General would take care of it. Ensure justice, safety and liberty for everyone. A communication from the Deputy Assistant Attorney General, Office of Legislative Affairs, Department of Justice, transmitting, pursuant to law, a report entitled "The Attorney General's 2021 Annual Report to Congress on Fair Lending Enforcement"; to the Committee on Banking, Housing, and Urban Affairs. Taken together, the policies were announcing today make clear that we wont accept business as usual. San Diego, California, United States. Swain is a native of Winston-Salem, and a graduate of Georgetown University and Harvard Law School. Deputy Attorney General Paul McNulty has resigned, according to the Justice Department. Biographical information about each staff member is below. Lisa Udland, Deputy Attorney General Email: Lisa.Udland@doj.state.or.us Phone: 503-378-6002 Lisa is the deputy attorney general, where she is responsible for daily operations and serves as a key advisor to the Attorney General. 188 followers 187 connections. October 28, 2021. Jolene also serves as the Departments Performance Improvement Officer and Evaluation Officer. He was the lead litigator in North Carolina League of Conservation Voters v. Having served as both outside counsel and a board member in the past, I know the difficult decisions and trade-offs companies face about how to invest corporate resources, structure compliance programs, and foster the right corporate culture. This suggests that while DOJ will hold acquiring companies responsible for the misconduct of purchased entities, acquirers will earn significant goodwill if they voluntarily self-disclose criminal conduct and meaningfully improve corporate compliance. As time goes on, the lapse of statutes of limitations, dissipation of evidence, and the fading of memories can all undermine a successful prosecution. Grayson, a Raleigh native, is a graduate of the University of North Carolina at Chapel Hill and Georgetown University Law Center. As Deputy CFO/Director of Budget, Jolene was responsible for all budget and financial management activities for a vast array of programs from weather and climate prediction services to critical environmental research to managing the nations fisheries. In addition to budget related positions, Jolene has held analyst positions at the U.S. Department of Housing and Urban Development, Public and Indian Housing Policy, the Montgomery County Government, Office of Legislative Oversight, and the Baltimore City Department of Social Services, Intergovernmental Liaison Unit. Todays announcements are fundamentally about individual accountability and corporate responsibility. Third, Ill highlight new Department policy on voluntary self-disclosures, including the concrete and positive consequences that will flow from self-disclosure. Corporate wrongdoersrather than shareholdersshould bear the consequences of misconduct. Photo creditNYU Program on Corporate Compliance and Enforcement. (RALEIGH) Attorney General Josh Stein today announced members of his senior leadership team. Monaco said that DOJ would disfavor successive NPAs and DPAs, requiring DAG approval before a recidivist corporation could obtain either type of resolution. Elliott spent 10 years as a litigator in the Consumer Protection Division. We will continue to engage and protect victimsworkers, consumers, investors, and others. Senior Auditor. Principal Deputy Assistant Attorney General Download image Brian M. Boynton joined the Department of Justice on January 20, 2021 as the Principal Deputy Assistant Attorney General in the Civil Division. They will receive regular updates to verify that the monitor stays on task and on budget. Doha G. Mekki, Principal Deputy Assistant Attorney General, Hetal J. Doshi, Deputy Assistant Attorney General, Andrew J. Forman, Deputy Assistant Attorney GeneralBiography and Speeches, Maggie Goodlander, Deputy Assistant Attorney General, Michael B. Kades , Deputy Assistant Attorney General, Vacant , Deputy Assistant Attorney General, To view PDF files on this website you need the free Adobe Reader. Lisa Monaco has served in this role since April 21, 2021. Prior to joining Morningstar, he co-founded Wood Jackson PLLC and practiced with Kilpatrick Stockton in Atlanta and Raleigh. These steps include rewarding companies that claw back compensation from employees, managers, and executives when misconduct happens. Ms. Lauria was awarded the Presidential Rank Award in 2010 (Distinguished) and 2006 (Meritorious), and in 2010, she received the Attorney Generals Award, the highest honor granted by the Department. The section below includes information about current examinations being given by the Department. In the last year, the Department of Justice has secured notable trial victories, including convictions of the founder and chief operating officer of Theranos; convictions of J.P. Morgan traders for commodities manipulation; the conviction of a managing director at Goldman Sachs for bribery; and the first-ever conviction of a pharmaceutical CEO for unlawful distribution of controlled substances. In a 1975 speech, he told prosecutors that there was great demand to be more aggressive against, what he called, white collared crime. He explained his distaste for that term, saying that it suggested a distinction in law enforcement based upon social class. Revision of the Attorney General Guidelines for Victim and Witness Assistance. Deputy Attorney General Lisa O. Monaco Delivers Remarks on Corporate Criminal Enforcement | OPA | Department of Justice Home Office of Public Affairs News Share Justice News Deputy Attorney General Lisa O. Monaco Delivers Remarks on Corporate Criminal Enforcement New York City, NY ~ Thursday, September 15, 2022 Remarks as Prepared for Delivery Deputy Clerk / Legal Officer - Court of Queen's Bench of New Brunswick New Brunswick, Canada. They will evaluate what companies say and what they do, including whether, after learning of misconduct, a company actually claws back compensation or otherwise imposes financial penalties. She earned an undergraduate degree from Harvard University and earned a Juris Doctor from the University of Chicago Law School. Our attorneys provide a summary of the key policy changes and clarifications, along with observations regarding their potential implications. Now let me emphasize a few points. It can avoid reputational harms that arise from pleading guilty. 1-800-367-2884 We will also consider the nature and circumstances of the prior misconduct, including whether it shared the same root causes as the present misconduct. Share sensitive information only on official, secure websites. [3] A graduate of the University of Notre Dame . According to Monaco, one of the advisory groups first priorities was to evaluate how to address companies with a documented history of repeated wrongdoing. But just as importantly, were joined in person and on the livestream by line prosecutors, agents, and investigative analyststhe career men and women who do the hard work, day in and day out, to make great cases and hold wrongdoers accountable. Sometimes the back-and-forth of resolving with a company can bog down individual prosecutions, since our prosecutors have finite resources. Prior to rejoining the Department, Mr. Boynton was a partner at Wilmer Cutler Pickering Hale and Dorr LLP in Washington, D.C. Oregon Attorney General Ellen Rosenblum today announced the appointment of Lisa Udland as Deputy Attorney General, effective December 1, 2021. Last year, as the Attorney General mentioned, he reestablished the Office for Access to Justice as a permanent, standalone component within the Justice Department, to formalize and truly imbed this work within the department. 2020 | all rights reserved | Website by AndiSites Inc. Medicaid Provider Fraud and Patient Abuse, Criminal Justice Education & Training Standards, Sheriffs Education & Training Standards Division, Professional Certificate & Service Award Programs, North Carolina Law Enforcement Accreditation, Officer Search: Revocation/Suspension Data. At an October 28, 2021, speech before the American Bar Association's Annual National Institute on White Collar Crime, US Deputy Attorney General (Deputy AG) Lisa Monaco re-emphasized the priority placed by current leadership within the US Department of Justice (DOJ) on prosecuting white-collar crime at both the individual and corporate level. In a speech and accompanying memorandum, the DAG reiterated DOJ's commitment to corporate criminal enforcement and addressed topics such as individual accountability, corporate cooperation, recidivism, voluntary self-disclosures, independent compliance . Fraud & Consumer Protection Division Medicaid Fraud Unit David Elliott, Deputy Chief of Staff and Special Deputy Attorney General. The Deputy Attorney General is authorized to exercise all the power and authority of the Attorney General, except where such power or authority is prohibited by law from delegation or has been delegated to another official. We will not shy away from bringing charges or requiring guilty pleas where facts and circumstances require. These relate to: In this capacity, she is responsible for the development and execution of a budget of over $30 billion, DOJs Performance and Accountability Reports, and the operational responsibilities which are at the core of executing one of the nations largest public sector budgets. Pulling this team together has been one of my most important early tasks as Attorney General, said AG Stein. I look forward to taking some questions. Throughout his two decade legal career, Swain has dedicated considerable time to pro bono legal efforts and public interest causes and has been recognized by the North Carolina Bar Association for this work. Report Anticompetitive Conduct After a Natural Disaster. POSITION SUMMARY: This position will serve as a Deputy Attorney General in the Attorney General's Bureau of Litigation, Public Safety Division in the Carson City office. Deputy Attorney General - Personnel Division. Barrister & Solicitor Standing Law Office . Jolene was twice a Federal 100 winner, in 2009 and 2015. I am taking part in an expert webinar on "Compliance Trends & US DOJ and SEC Expectations" organized by AmCham Germany and Covington. A .gov website belongs to an official government organization in the United States. I also want to recognize our federal and state partners who play a critical role in corporate enforcement. To promote that culture, an increasing number of companies are choosing to reflect corporate values in their compensation systems. Marquita came to DOJ in July of 2018 with several years of experience in the judicial system working for the Bernalillo County Metropolitan Courthouse. Ifthere is any uncertainty about the applicability ofthis memorandum to a particular circumstance, the Deputy Attorney General must be consulted before process is sought. Her responsibilities also include the issuance of the Departments public financial statements, its accounting operations, and operational control over Departmental funds such as the Working Capital Fund ($1.7 billion), the Assets Forfeiture Fund ($2.1 billion), and the Civil Debt Collection Fund ($180 million). It involves handling the defense of lawsuits against the State of Nevada, including State officials, agencies, and employees, with the primary responsibility of providing . In our discussions leading to this announcement, we identified encouraging trends and new ways in which compliance departments are being strengthened and sharpened. Before a prosecution team extends an offer for a successive NPA or DPA, Department leadership will scrutinize the proposal. Amy L. Solomon, Principal Deputy Assistant Attorney General About Amy Amy L. Solomon was appointed by Attorney General Merrick B. Garland in May 2021 as the Principal Deputy Assistant Attorney General, and Acting Assistant Attorney General (until November 2021), of the Office of Justice Programs. Our meetings sparked discussions on individual accountability and corporate responsibility; on predictability and transparency; and on the ways enforcement policies must square with the realities of the modern economy. October 1, 2021. Criminal resolutions that occurred more than 10 years before the conduct currently under investigation, and civil or regulatory resolutions that took place more than five years before the current conduct. Take, for example, the Antitrust Divisions Leniency Program, the Criminal Divisions voluntary disclosure program for FCPA violations, and the National Security Divisions program for export control and sanctions violations. The Attorney General has spoken eloquently about the roots of the Justice Department's founding how in 1870, the department was created to defend the American promise principally to assure the civil and voting rights of Black Americans in the Reconstruction south. Fax: (208) 854-8074E-Mail: alicia.hymasho.gov Hiring is done without regard to race, color, religion, national origin, sex, age or disability. Reiterating years of DOJ guidance, Monaco strongly encouraged companies to voluntarily self-disclose any misconduct. Monaco also announced that DOJ would convene an advisory group to review and propose revisions to DOJs other corporate criminal enforcement policies. In case you or your organization have business dealings in the U.S., it might be worth to read up on the background of what's known as the #MonacoMemo.Please find below the link to the respective speech by U.S. Deputy Attorney General Lisa O. Monaco. Monaco further clarified that not all misconduct would be treated equally. Criminal Division Felony Trial Unit Kent County Closing Date: December 21, 2022. Attorney General Stein Partners with Federal Trade Commission in Crackdown on Student Debt Relief Scams, AG Josh Stein Urges Protection for Higher Ed Students. Finally, Ill discuss how the Department will encourage companies to shape financial compensation around promoting compliance and avoiding improperly risky behavior. Prior to entering private practice in 1990, Matt clerked for Justice Clarence Thomas on the United States Court of Appeals for the District of Columbia Circuit. Secure .gov websites use HTTPS Although DOJ has been stressing this issue for some time, Monacos announcement was the strongest and most formal articulation of the principle that a healthy corporate culture is tied to the companys compensation model. We will continue to find ways to improve our approach to corporate crime, such as by enhancing the effectiveness of the federal governments system for debarment and suspension. She currently works to provide and coordinate day to day operations and administrative office duties for the Attorney General and Deputy Attorney General. Share sensitive information only on official, secure websites. I expect that resolutions over the next few months will reaffirm how much better companies fare when they come forward and self-disclose. Get premium, high resolution news photos at Getty Images That will ensure greater consistency across the Department and a more holistic approach to corporate recidivism. Deputy Attorney General. Many of these people are here today. Monaco announced on September 15 a new policy that incorporates the Yates memos message while placing additional emphasis on the speed of disclosure by requiring cooperating companies to come forward more quickly with evidence of individual wrongdoing. Schauf served as an appellate litigator at Jenner & Block, according to the firm. Monacos speech coincided with the release of revised policiesthe result of a year-long review by senior DOJ officialsintended to give effect to the tougher-on-corporate-crime approach Monaco announced in 2021 and detail incentives for corporations and business entities to voluntarily self-disclose potential wrongdoing. Requirements for employment as a Deputy Attorney General: The applicant's legal back-ground should include experience in some or all of the following areas: reviewing and preparing cases for trial; interviewing witnesses for trial; working with law enforcement officers; conducting preliminary hearings, grand jury proceedings, and bench and . On September 15, 2022, Deputy Attorney General (DAG) Lisa Monaco issued a memorandum and delivered a speech, announcing several revisions to the Department of Justice's (DOJ)'s corporate criminal enforcement policies and practices.The new revisions reflect input from DOJ's Corporate Crime Advisory Group, which DOJ convened in late 2021 to review and recommend improvements to DOJ's . Pursuant to 2 N.N.C. We now want to expand those policies Department-wide. On September 15, 2022, Deputy Attorney General (DAG) Lisa Monaco issued a memorandum and delivered a speech, announcing several revisions to the Department of Justice's (DOJ)'s corporate. Thank you, Dean McKenzie, for the introduction and for hosting us today. That said, the clearest path for a company to avoid a guilty plea or an indictment is voluntary self-disclosure. But, nonetheless, he acknowledged that it was an area that needed to be given greater emphasis. These words are as true today as they were then. In terms of practical steps, companies should strongly consider doing the following: If you have any questions or would like more information on the issues discussed in this LawFlash, please reach out to your Morgan Lewis contact, the authors, or any of our White Collar team leaders: Copyright 2022 Morgan, Lewis & Bockius LLP. Share sensitive information only on official, secure websites. Official websites use .gov So, starting today, we will take steps to empower our prosecutors, to clear impediments in their way, and to expedite our investigations of individuals. In other words, DOJ will look at a companys history of actually clawing back compensation consistent with its policies. Seth is a native of Pinnacle and served as Student Body President of his alma mater, the University of North Carolina at Chapel Hill. Today, you will hear how these new policies reflect this diverse input. Candy Finley, Executive Assistant to the Attorney General. Grayson Kelley, Chief Deputy Attorney General. We will not treat as recidivists companies with a proven track record of compliance that acquire companies with a history of compliance problems, so long as those problems are promptly and properly addressed post-acquisition. An official website of the United States government. In cases where it makes sense to resolve a corporate case first, there must be a full investigative plan outlining the remaining work to do on the individual cases and a timeline for completing that work. These changes, which will apply to current and future corporate defendants, include: 1. managed Steins successful campaign for Attorney General. The position will be filled Chambers returns to Latham after serving as Director for COVID-19 Fraud Enforcement and Associate Deputy Attorney General at the US Department of Justice (DOJ). The advisory group was also tasked with considering the criteria for when companies can resolve misconduct through a deferred prosecution agreement (DPA) or non-prosecution agreement (NPA), the criteria and process for selecting compliance monitors, and the use of technology in DOJ investigations. On October 28, 2021, Deputy Attorney General (DAG) Lisa Monaco delivered a speech and issued a memorandum announcing several important changes to the Department of Justice (DOJ)'s corporate criminal enforcement policies and practices. 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