In 2022, companies are likely to see an increase in white collar and regulatory investigations and enforcement actions. Here are just a few reasons why this is likely to happen. First, in the late fall, Deputy Attorney General Lisa Monaco indicated that the Justice Department would bring a renewed focus on corporate crime and that the Department was “going to find ways to surge resources” to its prosecutors. In January, another senior Justice Department official, Nicholas McQuaid, said at a forum on the FCPA that the Department has “a very robust pipeline” of FCPA cases.
Second, the Antitrust Division has recently secured a spate of indictments against executives for wage fixing and labor market allocations. Most recently, on January 28, 2022, a grand jury indicted four owners and/or managers of home health care agencies for conspiracy to suppress wages and restrict job mobility of essential workers during the pandemic.
Finally, the SEC increased its number of enforcement cases by 7% in 2021 compared to 2020. This trend is likely to continue and possibly grow under the leadership of Chairman Gensler who has emphasized that his agency will be pursuing high-impact cases to send a message to the market that certain misconduct will not be tolerated.
To limit exposure to potential investigations and enforcement actions, companies should ask themselves — where are the risks? Where will investigators, regulators, and prosecutors look? The answer seems obvious. They will look in...
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