The New Realities of Corporate and Individual Liability Risks: Defense Counsel Perspectives on the DOJ’s Enforcement Posture and the Path Ahead

November 30, 2022 11:45am

Eric B. Bruce
Partner
Freshfields Bruckhaus Deringer LLP

David N. Kelley

David N. Kelley
Partner
Dechert LLP

Laura Perkins

Laura N. Perkins
Partner
Hughes Hubbard & Reed LLP

Ryan Rohlfsen

Ryan Rohlfsen
Partner
Ropes & Gray LLP

Steven E. Fagell
Partner
Covington & Burling LLP

Almost two full years into the Biden Administration is a great time to assess whether the Administration and DOJ are making good on their pledge to surge resources in order to combat corporate crime. The assurances made by the DOJ suggest that they will be routing resources back to investigating financial crimes and also signal that would-be corporate defendants should expect a renewed wave of inquiries. In this session, leading defense counsel will highlight the new realities and some of the areas that the DOJ surge in resources will be allocated, such as:

  • The creation of an FBI squad dedicated to the DOJ’s Criminal Division, Fraud Section, and the anticipated impact on investigations
  • The nuances of the DOJ’s corporate enforcement policy, and individual liability risks DOJ’s expectations for implementing data analytics—and the impact on compliance program evaluations
  • Increased enforcement of sanctions and export controls through the continued use of new tools and innovations
  • How the enforcement of cryptocurrency crime will affect FCPA, AML and fraud enforcement
  • Stringent enforcement of NPA, DPA, and plea agreement violations, and warning that violations of such agreements may engender more painful results than originally posed by the underlying charges