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In mid-2015, as the CMO of a global actuarial consulting firm, I noticed increasing interest in our firm's social responsibility and sustainability efforts from our clients — mostly global and multinational insurers and financial institutions. The questions were detailed and specific. Initially, we responded with the typical, catch-all responses: “Many of our offices participate in/donate to/volunteer for/recycle, etc.”
Our answers were vague simply because we believed that these questions were mostly aimed at our clients' other suppliers — certainly not us, their trusted advisers. We were very wrong.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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