Principal Associate Deputy Attorney General Marshall Miller recently addressed the New York City Bar Association Compliance Institute, outlining significant updates in corporate criminal enforcement. Miller emphasized the Department of Justice's focus on individual accountability within corporate crime, noting that "corporate crimes are committed by real people."
Miller highlighted a shift towards increased transparency and consistency in policies, aiming to provide clear guidelines for companies. He stated, "We’ve created a clear roadmap of the Department’s expectations for every CEO, General Counsel, Board Member, and Chief Compliance Officer." This new framework aims to encourage ethical corporate behavior through enhanced incentives while imposing stricter consequences on wrongdoers.
The Justice Department has also introduced new whistleblower programs and voluntary self-disclosure policies. These initiatives aim to facilitate faster prosecution of culpable individuals and offer protection for those who report misconduct. According to Miller, early signs show these programs are effective: "Corporate voluntary self-disclosures to the Criminal Division are increasing every year."
Miller further elaborated on national security concerns tied to corporate crime, stating that many investigations now involve issues like sanctions violations and money laundering. The Department has bolstered its resources in response to these threats.
In closing, Miller encouraged compliance professionals to prepare for future challenges by asking critical questions about their programs' effectiveness. He assured them that the Justice Department's reforms would empower them with stronger tools for promoting good corporate citizenship.