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Developments in Federal Whistleblowing Programs: What Compliance Officers Need to Know
Amidst the COVID-19 pandemic, federal whistleblower programs continue to receive thousands of tips and issue millions in awards. The Securities and Exchange Commission's (SEC) whistleblower program remains very active and over the past year, has awarded its highest whistleblower awards ever. A new Chairman and recent rule changes may lead to even more activity under the SEC's program. The Commodity Futures Trading Commission's (CFTC) whistleblower program, while not as extensive as the SEC's program, may see an uptick in activity if recent proposed legislation is passed. The government's False Claims Act (FCA) enforcement continues to be driven by whistleblower reports and COVID-19 related fraud may lead to substantial increases in FCA tips going forward.
In addition, Congress recently repealed and replaced a prior whistleblower program under the Bank Secrecy Act (BSA) that was largely seen as unsuccessful. Congress also passed the Kleptocracy Asset Recovery Rewards Act (KARRA) to fill a perceived gap in the SEC whistleblower program by specifically encouraging whistleblowers who provide information related to foreign government corruption.
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The DOJ's Corporate Enforcement Policy: One Year Later
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.
Use of Deferred Prosecution Agreements In White Collar Investigations
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How AI Has Affected PR
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The DOJ's New Parameters for Evaluating Corporate Compliance Programs
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.