As we head into perhaps the most consequential election of our time, the lawyers handling white-collar criminal defense and investigations are parsing through the Department of Justice’s recent enforcement actions, and how the focus may or may not shift with the pending regime change.
John Fagg and Jim McLoughlin, top white collar defense litigators at Moore & Van Allen, will tell you there are some interesting trends developing of late in the world of white-collar criminal enforcement and some longer term trends that continue with greater force. When it comes to things like executive liability, bribery, whistleblowing incentives, and the trickle-down effects of the Trump immunity decision – there is a lot to stay tuned into.
“For a variety of reasons, the stakes for the Justice Department are always so high,” says McLoughlin, who’s resume boasts over 35 years of civil dispute, criminal investigations and trial law. “There seems to be this underlying feeling recently within the Department that they're not having the impact that they want to have."
The attorneys are seeing continued focus on individuals and an effort to impose significant prison terms. This could be politically related in terms of perspective, but as they see it, the regulators appear to be looking for ways to inflict more pain in order to increase deterrence.
For example: Whistleblower incentives. The Department of Justice is making ample use of financial incentives aimed at encouraging and supporting...
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