US

DOJ Policy Revisions Aimed at Addressing White Collar Crimes

Published

2 years ago

April 14, 2022

Recently, the United States Department of Justice (DOJ) announced several policy changes to strengthen the department’s efforts in combating corporate crime. Deputy Attorney General Lisa Monaco announced these changes on October 28, 2021, as part of her keynote address at the 36th American Bar Association’s National Institute on White Collar Crime conference.

In many ways, these policies mark a return to the Obama-era policies enacted by former Deputy Attorney General Sally Yates. Like the 2015 Yate’s Memorandum, Monaco stressed the importance of individual accountability.

Prosecuting Corporate Crimes Will Be Challenging

While acknowledging the difficulty of winning cases against corporate executives, Monaco said she anticipates that the government will lose cases. However, she urged prosecutors not to be deterred from prosecuting white-collar offenses out of the fear of losing.

In efforts to support the DOJ’s new white-collar policies enforcement, Monaco committed to finding ways of providing resources to the department’s prosecutors. These resources include having a team of FBI agents embedded into the department’s fraud section to encourage a team model approach to prosecution.

“Using a team model approach could prove to be an effective way to reduce any previous red tape in the prosecution of white-collar crimes,” said Attorney Bill Nettles of the Law Office of Bill Nettles. “Federal cases can be incredibly intricate, and these changes could result in benefits for the prosecution that will be relevant during trials.”

The new policies lay their focus on three principal areas as outlined by Monaco. These include individual accountability, use of corporate monitors, and corporate recidivism.

1. Individual Accountability

Consistent with policies outlined in the Yates memo, the new policies ensure that all individuals implicated in criminal conduct are held accountable. This is a significant shift from previous policies that allowed companies to limit information disclosure to individuals they deemed substantially involved in the commission of offenses. Under the new policies, a company will be required to disclose all non-privileged information of every individual involved in the misconduct to be eligible for any cooperation credit.

2. Corporate Recidivism

Under the new policies, prosecutors must investigate the misconduct issue at hand and prior misconducts of individuals and corporate targets implicated in misconduct. Under these guidelines, pretrial diversionary dispositions such as declinations, deferred prosecution agreements, and non-prosecution agreements will depend on the targets’ past, even for unrelated offenses. This approach favors first-time offenders but may result in significantly harsh dispositions for targets with prior misconducts.

3. Corporate Monitorship Use

Under the new policies, companies entering into pretrial disposition agreements with the DOJ are likely to have the imposition of a corporate monitor as a condition. This is another significant change from the previous policies that viewed the imposition of a monitor as an exception. These changes are significant because not only is monitorship expensive, the monitors must also prepare reports for the government, and sometimes the judge, regularly. If the reports are unfavorable, the company in question could be looking at a more extended monitorship period.

What This Means for Companies

In light of the new changes and others expected to come soon, companies must actively update their compliance programs to ensure adequate misconduct monitoring and prevention. In her statement, Monaco acknowledged that though it may be costly for companies to adopt effective measures to deter misconduct, failure to do so can be costlier.

US

Shielding Lives and Assets – Fire Watch Protections in America

Published

12 months ago

May 3, 2023

Jimmy Lerner

Fire safety is a matter of utmost importance in the United States. Fire watch protection is an invaluable service that can prevent and mitigate fires from escalating, saving lives and assets. Fire watch protection involves a guard actively patrolling a property to detect and prevent potential fire hazards before they become an issue. This article will provide an overview of fire watch protections in America, focusing on the services available, the role of firefighters, and the benefits of fire watch services.

Fire Watch Protections

Fire watch protections are crucial for safeguarding lives and assets in America. The National Fire Protection Association (NFPA) mandates that every commercial building should have a functional fire alarm system, an automatic sprinkler system, and fire extinguishers. However, there are times when these safety measures fail or get damaged due to construction work or maintenance activities. In such cases, temporary fire watch protections become necessary.

Temporary fire watch protections require trained personnel to monitor the building’s premises 24/7 until the primary safety systems are fully operational again. This is particularly important for high-rise buildings where the evacuation process takes time and may pose a challenge during emergencies. Moreover, the presence of trained personnel on-site ensures that any potential hazards can be identified early on and dealt with before they escalate.

In conclusion, implementing proper fire watch protections is essential in ensuring the safety of people and property in America. It not only complies with NFPA standards but also provides peace of mind to building owners, managers, employees, and visitors alike knowing that there are efficient emergency response plans in place if an unfortunate situation arises.

The Need for Fire Watch Services

Fire watch services are becoming increasingly important to protect lives and assets in America. When businesses or buildings are undergoing construction or repairs, the fire sprinkler systems may be temporarily out of order, leaving the building vulnerable to fire damage. Fire watch services provide a temporary solution by employing trained personnel who remain on site to detect and prevent fires.

In addition to construction sites, fire watch services are also necessary for buildings that have experienced power outages or other malfunctions that could disable their fire safety systems. Fires can occur at any time and without warning, so it is vital to have someone on hand who can quickly respond and alert authorities if necessary.

Overall, investing in fire watch services is a small price to pay compared to the potential cost of property damage or loss of life caused by a preventable fire. With proper planning and implementation of these preventative measures, businesses and individuals can rest easy knowing they are doing everything possible to keep themselves and others safe from harm.

Safety Regulations & Standards

Fire watch is a critical fire protection service that ensures the safety of lives and assets in America. One of the primary reasons why fire watch services are essential is because they help detect fire hazards before they cause significant damage. During a fire watch, trained personnel patrol designated areas to identify potential risks and address them promptly. This process involves inspecting electrical equipment, flammable materials, and other potential sources of ignition.

To ensure adequate protection for lives and property during a fire watch operation, it’s essential to adhere to specific safety regulations and standards. These regulations provide guidelines on how to conduct fire watches effectively while minimizing risks associated with firefighting activities. For instance, OSHA (Occupational Safety and Health Administration) has established standard 1910.157 that outlines requirements for portable firefighting equipment accessibility in workplaces.

In conclusion, adhering to safety regulations and standards during a fire watch operation can significantly enhance the efficiency of firefighting efforts while reducing the risk of injury or loss of life. It’s crucial to work with certified professionals who understand these guidelines so that you can be confident in their ability to protect your assets effectively.

Potential Challenges & Solutions

One of the major challenges faced by fire watch protection companies in America is the high demand for their services during peak seasons. During these periods, there is often a shortage of skilled professionals to carry out necessary tasks like monitoring alarm systems, patrolling buildings, and maintaining firefighting equipment. This often results in delays and gaps in coverage which can be detrimental to businesses and property owners. To mitigate this challenge, fire watch protection companies can invest in training programs for their staff or partner with recruitment firms to ensure they have access to a pool of qualified personnel.

Another potential challenge for fire watch protection firms is the issue of compliance with regulations set by local and federal authorities. These regulations often require that certain standards are met regarding equipment maintenance, emergency response plans, and employee training. Failure to comply with these regulations could lead to fines or legal repercussions that could harm the reputation and financial stability of the company. To overcome this challenge, fire watch protection firms need to stay up-to-date on changes in regulations through continuous education and collaboration with industry associations such as The National Fire Protection Association (NFPA). Additionally, they should invest resources into ensuring that their policies and procedures align with regulatory requirements.