New DOJ Compliance Guidance: Incentives and Penalties, Cooperation Credits
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will advise corporate attorneys on the current U.S. Department of Justice (DOJ) guidance on enforcement policies. The panel will discuss the use of incentives and punishments DOJ is using to encourage companies to be more proactive to ensure compliance, as well as how to properly resource compliance programs. The panel will address how DOJ will consider a company's civil, criminal, and regulatory history and what constitutes cooperation credit under the current administration.
Outline
- 2022 DOJ compliance with corporate criminal enforcement
- Yates memo
- Monaco memo
- Cooperation credit
- Criminal, civil, and regulatory history
- Monitorships
- Best practices
Benefits
The panel will address these and other relevant topics:
- What risks to companies exist when providing non-privileged information during an investigation?
- How will reviewing a company's criminal, civil, and regulatory record affect potential enforcement and punishment?
- What types of independent monitors may be utilized in place of corporate monitorships?
Faculty
Christopher L. Bell
Shareholder
Greenberg Traurig
Mr. Bell represents clients in civil and criminal enforcement, litigation, compliance counseling and regulatory... | Read More
Mr. Bell represents clients in civil and criminal enforcement, litigation, compliance counseling and regulatory advocacy under the major environmental, health, safety and natural resource laws. He conducts internal investigations, responds to grand jury investigations and agency information requests, and negotiates consent, probation, and debarment agreements. Mr. Bell helps clients evaluate and implement compliance and ethics programs under the U.S. Sentencing Commission’s and DOJ’s guidelines, and has assisted companies around the world successfully implement environmental, health and safety management systems. He recently completed a five-year stint as U.S. EPA Independent Monitor overseeing Duke Energy’s compliance with a complex set of debarment and probation agreements arising from Duke’s guilty pleas to criminal violations of the Clean Water Act.
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Gary DiBianco
Partner
Skadden Arps Slate Meagher & Flom
Mr. DiBianco is a trusted adviser to senior management and boards of directors faced with complex government or... | Read More
Mr. DiBianco is a trusted adviser to senior management and boards of directors faced with complex government or internal investigations. A core member of the firm’s Washington, D.C. government enforcement defense practice, he strategically guides and defends clients against their most challenging enforcement and investigation-related inquiries.
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Stacy C. Gerber Ward
Shareholder; Leader of the Government Enforcement and Internal Investigations Section
von Briesen & Roper
Ms. Ward represents clients facing government enforcement matters, conducts internal investigations to respond to... | Read More
Ms. Ward represents clients facing government enforcement matters, conducts internal investigations to respond to government investigations, and litigates government related issues. She also assists clients with an array of health care transactional and operational issues. She is certified in health care compliance by the Compliance Certification Board and helps clients evaluate and respond to compliance related matters, design and implement compliance programs, conduct compliance reviews, and advise on disclosure obligations. Her expertise includes Anti-Kickback Statute and Stark Law compliance, Medicare and Medicaid billing, and Controlled Substances and False Claims Acts. Ms. Ward has more than 14 years of experience serving as an Assistant United States Attorney for the Eastern District of Wisconsin and served as the Deputy Chief of the Civil Division. In those roles, she investigated and prosecuted individuals and corporations for civil health care fraud and other enforcement matters.
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