Government enforcement efforts are on the rise. In December 2021, the Secret Service announced an initiative to more aggressively counter pandemic-related fraud. Empowered by new personnel, new funding, and new legislation, the DOJ has bolstered its antitrust enforcement efforts. Gurbir Grewal, the SEC’s new director of enforcement, shared his aggressive SOX enforcement plans in a recent PLI speech. Speaking at the ABA 36th White Collar Crime Institute, Deputy AG Lisa Monaco announced the DOJ would be re-energizing its enforcement of “white collar” wrongdoing. “Although we understand the costs that enforcement actions can place on shareholders and others,” she told the audience, “our responsibility is to incentivize responsible corporate citizenship, a culture of compliance and a sense of accountability.”
DAG Monaco’s reference to “culture” was not accidental. DOJ long has believed culture plays an important role in compliance. The Department’s guidelines for evaluating corporate ethics and compliance programs expressly direct prosecutors to “assess whether the company has established policies and procedures that incorporate the culture of compliance into its day-to-day operations.” Similarly, the U.S. Sentencing Guidelines focus on whether a business promotes “an organizational culture that encourages ethical conduct and a commitment to compliance with the law.”
We wholeheartedly agree with the importance of culture when it comes to promoting corporate responsibility and...
A Delaware County doctor has agreed to pay more than $1.6 million back after admitting to filing more than 27,000 fraudulent Medicaid claims. Dr. Patrick Muffley, 56, of Lewis Center, pleaded guilt...