Prerequisites: None

Exam Type: No Exam

The criminal investigation and prosecution of corporate misconduct are among the most high profile areas of focus for federal prosecutors and the white-collar defense bar. Recent major prosecutions of corporations and individuals for violations of the Foreign Corrupt Practices Act (FCPA), the Bank Secrecy Act (BSA), and the International Emergency Economic Powers Act (IEEPA) demonstrate that this is an increasing area of enforcement in the United States. Yet, the practice of prosecuting and defending corporations remains one of the least understood areas of criminal law. Decisions on how to charge and sanction corporations are subject to policies set by the U.S. Department of Justice. Moreover, such matters are becoming increasingly complex as foreign law enforcement and regulatory agencies become more active in focusing on these corporate crimes. These multi-jurisdictional investigations pose new obstacles to government enforcers and defense practitioners, and new legal questions for courts to address.

This seminar will explore various aspects of corporate criminal investigations and prosecutions. Topics to be covered include principles of corporate liability; conducting internal and government investigations of corporate misconduct; strategic considerations for prosecutors and defense counsel in corporate criminal investigations; Department of Justice policies on charging, including those designed to incentivize voluntary disclosures, cooperation and remediation; legal and practical issues implicated by multi-jurisdictional cases; corporate compliance programs; and proposals for reform of corporate criminal laws and policies.