White collar crime is something that happens at both the corporate level and the individual level, and the Department of Justice addresses both. However, many of the new rules that they have introduced apply to corporations, and they may impact the way that the DOJ prosecutes alleged criminal activities.
There are three main changes coming, and it’s important to know exactly how they will impact these companies and the individuals who may be accused of a white collar crime while working there.
Turning over information
First of all, companies used to be able to limit the information that they turned over to the Department of Justice to just those directly involved in a case. This still counted as cooperation. Now, they will be required to turn over information relating to anyone who is involved. This expands the amount of information that will be required and includes those who were not “substantially involved.” Companies have to do this to get credit for cooperation.
Considering all past criminal accusations
Secondly, all past actions by the company will be considered, whether they are potential criminal activities, a lack of regulatory compliance or anything else. In the past, the government would only consider similar crimes to the one currently under investigation, but they now can consider even issues that are unrelated in nature.
Requiring independent monitorships
Monitorships are also going to be allowed for companies that are involved in these cases. Prosecutors will be allowed to ask for them whenever it is deemed reasonable. These can ensure that the company is turning over the information properly and complying with regulations moving forward. It is intended to increase cooperation at all levels.
If your business is involved in a white collar criminal investigation, it is important to know exactly what these new rules are and all of the legal steps that you can take at this time.