DOJ Issues New Guidance for Corporate Fraud Prosecutors, Emphasizes Whistleblower Incentives

DOJ's new memo sets ten factors for corporate fraud cases and expands whistleblower incentives, channeling all matters through a dedicated enforcement section.

The Justice Department’s National Fraud Enforcement Division released a memo on Oct. 1 outlining ten key factors that prosecutors must weigh when deciding to charge a corporation, negotiate a plea, or resolve a case. The guidance, the most detailed public direction the division has issued, also mandates that every corporate matter be routed through the new Corporate Enforcement Section, which will monitor compliance with settlement terms.

Additionally, the memo directs division leaders to develop incentives for whistleblowers, including those who participated in the wrongdoing, expanding federal programs that encourage insider reporting. The directive reflects the DOJ’s recent reorganization, moving fraud units from the Criminal Division into this newly formed entity.

Source: Corporate Compliance Insights

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