DOJ Announces Major Changes to Corporate Compliance Program Evaluation Criteria, Including Compensation and Personal Messaging Applications

By Justin Murphy, Julian André, Sarah Walters, Edward Diskant, James Durkin, Paul Thompson and Benton Curtis on April 4, 2023

Posted In Employee Benefits, Employment

During speeches on March 2 and 3, 2023, at the American Bar Association National Institute on White Collar Crime, Deputy Attorney General Lisa Monaco, Assistant Attorney General for the Criminal Division Kenneth A. Polite, Jr. and other US government officials announced significant changes to the US Department of Justice’s Evaluation of Corporate Compliance Programs and continued to emphasize the importance of effective and robust compliance policies. These changes come on the heels of DOJ’s recent announcement of a single corporate voluntary self-disclosure policy for every US Attorneys’ Office nationwide, and are simply the latest evidence of the Biden Justice Department’s substantial focus on corporate criminal enforcement.

Justin Murphy
Justin P. Murphy is a partner in the Firm’s regulatory practice group. A former federal prosecutor, Justin counsels and represents corporate and individual clients involved in government enforcement of complex antitrust, fraud and all phases of white-collar criminal and related civil matters. His focus in criminal antitrust investigations includes bid-rigging, price-fixing, procurement fraud, labor market and hiring practice matters, and market allocation in a variety of industries. He is also experienced in other white-collar matters, including internal corporate investigations, False Claims Act (FCA), Foreign Corrupt Practices Act (FCPA), cybersecurity, securities enforcement, federal grand jury, inspector general investigations and trials and appeals. Read Justin Murphy's full bio.

Julian André
Julian André helps clients achieve the best outcomes when facing government prosecutions, enforcement actions and investigations, defending against complex civil litigation and performing internal investigations. Leaning on his experience as an Assistant US Attorney in Los Angeles prosecuting financial crimes, Julian adds an inside perspective when devising defense strategies for companies and individuals facing criminal and civil investigations by state and federal agencies such as DOJ, HHS-OIG, SEC, and DOL. He also regularly advises clients on matters involving corporate governance and regulatory compliance, including anti-money laundering and anti-corruption issues. Read Julian André's full bio.

Sarah Walters
Sarah Walters is an experienced trial lawyer who focuses her practice on white collar criminal defense, regulatory enforcement and compliance matters, and complex civil litigation. In addition to both criminal and civil trial work, Sarah has substantial experience conducting internal investigations and assists companies in developing compliance policies and training programs. Read Sarah Walters's full bio.

Edward Diskant
Edward (Ted) B. Diskant is a former federal prosecutor and experienced trial lawyer who focuses his practice on representing companies and individuals in a wide range of white-collar and regulatory enforcement matters and in complex civil litigation. Ted has extensive experience handling sensitive investigations, with particular expertise in matters involving the anti-bribery laws including the Foreign Corrupt Practices Act (FCPA), wire fraud, healthcare fraud, money laundering, and the Bank Secrecy Act (BSA). Ted also consults on compliance matters and helps clients design, implement and audit compliance programs consistent with US Justice Department (DOJ) and other applicable guidance. Read Ted Diskant's full bio.

James Durkin
James Durkin is a former federal prosecutor and experienced trial lawyer who focuses his practice on white-collar and government enforcement matters, internal investigations and compliance matters, and complex civil litigation. He represents companies and individuals in matters ranging from white-collar healthcare cases to investigations brought by the US Securities and Exchange Commission (SEC) and other government agencies. James draws upon his first-hand knowledge of how the government decides to pursue and resolve cases when navigating clients through complex and sensitive investigations and prosecutions. Read James Durkin's full bio.

Paul Thompson
Paul M. Thompson represents clients in complex criminal and civil matters. He has extensive experience in internal investigations, voluntary disclosures, grand jury investigations, appellate practice and congressional investigations, with a particular focus on clients in the healthcare industry. Paul served on McDermott’s Executive and Management Committees. From 2011 to 2015, he also served as Managing Partner of the Washington, DC office. Read Paul Thompson's full bio.

Benton Curtis
Benton (Ben) Curtis, a former federal prosecutor and experienced trial attorney, focuses his practice on leading matters, both domestically and abroad, that involve government enforcement defense, internal investigations, compliance counseling, and due diligence regarding third parties and business transactions. Ben regularly represents clients before, and in litigation against, government agencies, including clients accused of health care fraud, kickback violations, Foreign Corrupt Practices Act (FCPA) violations, money laundering, and securities fraud. Ben likewise regularly represents corporations and high net worth individuals who have been victimized through internal or third-party misconduct, often in the form of an exceptional theft or fraud. Read Ben Curtis's full bio.

DOJ Announces Major Changes to Corporate Compliance Program Evaluation Criteria, Including Compensation and Personal Messaging Applications

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