US

DOJ Policy Revisions Aimed at Addressing White Collar Crimes

Published

3 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

Creating Safe Havens: Inside Genesis USA’s Vision for Inclusive Housing

Published

4 days ago

December 3, 2024

Jimmy Lerner

Photo Courtesy of GenesisUSA

GenesisUSA, a nonprofit based in Arlington, Texas, works to improve the lives of disabled veterans and children who have lost their parents. Led by Charles Ford, the organization goes beyond providing financial aid. It focuses on long-term solutions, like building wheelchair-accessible homes, to support independence and dignity for those in need. With rising housing costs and growing inequality, GenesisUSA’s mission addresses a critical gap.

Ford and his team create supportive environments that help promote self-reliance in underserved communities. As a smaller, community-based organization, it addresses challenges that can be difficult for larger organizations to manage. Its work shows how local initiatives can make a noticeable difference.

A Growing Crisis: The Need for Accessible Housing

The demand for affordable and accessible housing continues to grow. A 2023 report from the National Low Income Housing Coalition estimated that more than 11 million U.S. households need homes with accessibility features. This challenge is more pronounced for disabled veterans, with nearly four million living in homes that do not meet their physical needs.

“Our veterans have sacrificed a lot for this country, but many still face housing that doesn’t suit their needs,” Ford says. “Beyond merely providing them shelter, we’re creating a space where they can live comfortably.”

GenesisUSA is responding by building homes designed for accessibility. These houses include ramps, wider doorways, and modified kitchens and bathrooms to allow veterans to live more independently. The organization also plans to create supportive environments for children who have lost their parents, many of whom also face mobility challenges.

Ford’s Community-Driven Leadership at GenesisUSA

Ford’s years of experience in construction and his dedication to charitable work have shaped his leadership at GenesisUSA. He stays closely involved, often meeting veterans and families to learn about their needs firsthand. “For me, it’s about building personal connections,” Ford says. “Large charities sometimes miss the individual stories.”

The community focus defines Ford’s leadership. Although some wonder if a smaller nonprofit can make a meaningful impact, Ford is confident. “We don’t have celebrity endorsements or huge budgets, but we have real relationships with the people we help,” he says. His dedication to grassroots efforts sets GenesisUSA apart from larger, more structured organizations.

GenesisUSA has already helped over 100 people and aims to expand its impact with affordable, accessible housing solutions. One notable feature is the inclusion of a wheelchair-accessible swimming pool, which has received positive feedback. Ford says, “We’re creating spaces where people can enjoy life fully, just like everyone else,” which reflects the organization’s mission to support independence and inclusion.

Building More Than Homes: A Reflection of Hope

Ford looks back on GenesisUSA’s progress with a clear sense of purpose. “We’re not simply building homes, we’re offering hope and building opportunities for independence,” he says. “We’re here to support veterans who face mobility challenges and children who have lost their parents, offering them a chance at a more self-reliant life.”

As the organization’s reach expands, so does its ability to impact lives across the country. Its work embodies Ford’s dedication to ensuring that no one is overlooked. Ford envisions scaling their efforts while maintaining the personalized approach that defines their model.

“We’re still in the early stages,” he notes. “As we grow, we’ll continue to prioritize individual needs. Our success hinges on the improved quality of life for each person we help.”

As the demand for accessible, supportive housing rises, organizations like GenesisUSA play an important role in filling gaps left by larger institutions and government programs. Through its focus on tailored support and community-driven solutions, GenesisUSA is building a model for how smaller nonprofits can significantly impact and address pressing social needs.