MANAGING THE RISK AND REALITY OF AN INTERNATIONAL DOJ INVESTIGATION WITH COMPLIANCE AND PREPARATION
The increasingly global approach taken by enforcement authorities, notably by the US Department of Justice (DOJ), means that corporations and their in-house counsel need to take a global approach to compliance by looking beyond their borders. More than ever, in-house counsel and corporate executives must cope with international investigations and prosecutions regardless of their industry, location or nationality. The DOJ’s increasing efforts to investigate and prosecute corporations and individuals do not stop at the US border.
For example, the DOJ’s Antitrust Division has committed itself to uncovering and pursuing anti-competitive and cartel activities worldwide with increased resources and growing international cooperation. In January of this year, the Antitrust Division and the Federal Trade Commission issued updated Antitrust Guidelines for International Enforcement and Cooperation. In addition to antitrust, the DOJ is aggressively investigating and pursuing violations of the Foreign Corrupt Practices Act and violations of US sanctions worldwide. These investigations have the potential to result in heavy fines and even prison sentences.
White-collar investigations and prosecutions have become more international in nature because the DOJ has made the global fight against white-collar crime a priority as it reaches beyond the US to investigate and prosecute foreign companies and foreign nationals. International cooperation in the investigation and prosecution of white-collar crime has also increased dramatically. International authorities have and will continue to cooperate with the DOJ.
Apr-Jun 2017 issue
Cohen & Gresser LLP