United States: The DOJ’s new priority of holding individuals accountable

The DOJ has made it clear that its enforcement priority has shifted to individuals who commit white-collar “corporate” crimes and away from the corporations themselves. What do you think about that?

Here’s some background. Deputy Attorney General Lisa Monaco, in her keynote to the ABA white-collar crime confab in Washington, DC in 2021, said:

Attorney General Garland has made clear it is unambiguously this department’s first priority in corporate criminal matters to prosecute the individuals who commit and profit from corporate malfeasance.

This year, Attorney General Garland re-emphasised the DOJ’s new priority: “As the Deputy Attorney General noted [last year], I have made it clear that the Department’s first priority in corporate criminal cases is to prosecute the individuals who commit and profit from corporate malfeasance.

It is our first priority because corporations only act through individuals. It is our first priority because penalties imposed on individual wrongdoers are felt by those wrongdoers, rather than by shareholders or inanimate organisations.”

This article was originally posted on FCPAblog.com

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