McGuireWoods Richmond partner Alex Brackett and associate Mark Earley Jr. wrote an article for the widely read FCPA Blog analyzing what recent policy announcements by the U.S. Department of Justice portend for aspects of white-collar criminal enforcement.
The column noted that the new policies retain the longstanding message that prosecutors want to see prompt and voluntary self-disclosure, full cooperation with investigators, swift remediation and effective compliance programs put in place.
What’s new is the greater degree of certainty the DOJ will provide in exchange for companies that act in good faith, such as a presumption of declination or a significant reduction in penalties, wrote Brackett and Earley of McGuireWoods’ Government Investigations & White Collar Litigation Department.
The policy developments, they concluded, are positive for clients because they offer “an increasingly clear and certain roadmap they can follow in investigating, remediating and disclosing the misconduct.”
See McGuireWoods’ overview, “DOJ Enforcement: An Evolving Landscape.”