Bite-Sized Business Law Christopher Conniff on Corporate Criminal Enforcement
At the 38th American Bar Association National Institute on White Collar Crime, Deputy Attorney General Lisa Monaco remarked that the DOJ will “zealously pursue corporate crime” and “hold wrongdoers accountable, no matter how prominent or powerful they are.” With this, the DOJ ushered in policy changes in prosecuting corporate crime, and today Christopher Conniff joins us to explain these changes. Chris is an experienced trial lawyer and partner at Ropes & Gray where he co-leads the Securities and Futures Enforcement Group. His practice focuses on white-collar criminal defense and securities regulation and he helps his clients navigate investigations in a wide array of areas, from public corruption to criminal antitrust and everything in between. Join us as we unpack some of the new policies to prosecute corporate crime, why the DOJ has put compliance (not punishment) at the heart of these policies, and how companies of all shapes and sizes should respond to them. Does the old adage “an ounce of prevention is worth a pound of cure” ring true? Tune in today to find out!
Key Points From This Episode:
- Some quintessential examples of corporate white-collar crime.
- A look at Chris’ professional background and his work at the US Attorneys' Office.
- Insight into the traditional regime for prosecuting corporate crime.
- Chris’s take on the DOJ’s pilot program regarding compensation incentives and clawbacks.
- The challenge with “box checking” and artificial incentives.
- Why corporate responsibility is the focus of the DOJ, not punishment.
- Subpoena compliance versus cooperation with it comes to good corporate citizenship.
- How these policy changes confront a historical lack of trust in the government.
- Practical implications of the new DOJ criminal self-disclosure policies.
- Why facts and transparency are critical when the cost of an investigation is a challenge.
- What corporations need to be aware of regarding the use of personal devices.
- How corporations should react to this new set of incentives.
- Why Chris is optimistic about the efficacy of this program.
Links Mentioned in Today’s Episode: