Is DOJ Criminal Division Changing Its Tune on Voluntary Disclosure?
At the end of May 2010 US assistant attorney general Lanny A. Breuer, head of the Criminal Division of the US Department of Justice (DOJ), delivered a speech at a public conference in Washington DC with a particularly long-winded name: Compliance Week’s 5th Annual Conference for Corporate Financial, Legal, Risk, Audit & Compliance Officers. DOJ officials frequently participate in events, but those participating do not often hold as senior a position as Mr. Breuer. Mr. Breuer has one of the two second-ranking DOJ positions under US attorney general Eric Holder. Mr. Breuer’s prepared remarks offered important insights for deciphering how DOJ approaches Foreign Corrupt Practices Act (FCPA) cases, which it continues to emphasize strongly. His points included the following: Involvement of High-Level Officers Since 2004 DOJ’s Fraud Section has charged 81 individuals with FCPA violations and related offenses. More than half (46) were initiated in the last 18 months alone. Among those charged
