DOJ to Companies: If You Step Up & Own Up, You Might Not Have to Pay Up

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Late last year, the Department of Justice (DOJ) announced material changes to the way it intended to investigate, prosecute, and resolve corporate cases. The changes were aggressive, leading us to title our update “DOJ’s Torpedoes Are in the Water: Be Your Own Monitor, or One Will Be Appointed for You.” The 2021 policy changes drew fire for being ambiguous and bluntly coercive with respect to cooperation credit, imposing policies without regard to what it’s like on the ground in a corporate compliance department.

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