Connect with us

US

DOJ Policy Revisions Aimed at Addressing White Collar Crimes

mm

Published

on

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.

A multi-lingual talent head, Jimmy is fluent in languages such as Spanish, Russian, Italian, and many more. He has a special curiosity for the events and stories revolving in and around US and caters an uncompromising form of journalistic standard for the audiences.

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

US

Reckless Driving in the State of Virginia

mm

Published

on

The state of Virginia is strict in its enforcement of laws against reckless driving. According to section 46.2-852 of the Virginia Code, reckless driving is listed as a criminal offense. In addition, the Virginia Code categorizes all driving that endangers the life and property of others as reckless.

Several behaviors that motorists exhibit while behind the wheels can qualify as reckless driving in Virginia. “Reckless driving causes nearly a third of all deaths involving major car accidents, which are more than 13,000 each year,” explains attorney Karin Riley Porter. As a result, you can be charged by an officer and can be found guilty or not guilty by a judge.

Types of Reckless Driving

Reckless driving is in different forms and includes:

1. Driving a vehicle with a mechanical fault

Va. Code § 46.2-853 considers driving a vehicle with faulty brakes as a reckless driving offense. Therefore, if a driver cannot maintain proper vehicle control, the driver will be held liable for reckless driving. However, if a driver could prove that they didn’t have prior knowledge that the vehicle was faulty, it would be possible to avoid conviction.

2. Not giving out the right signals when required

Not giving out a signal while driving on Virginia road is an offense under section 46.2-860 of the Virginia Code. Motorists are required to start signaling 50 feet away from the place they would be turning where the speed limit is not above 35 mph. In situations where the speed limit is above 35 mph, drivers are required to signal 100 feet away from where they would take a turn.

3. Driving alongside another vehicle on a single lane road

In Virginia, driving two vehicles abreast on a one-lane road is considered a reckless driving offense. This rule, however, only applies to vehicles and has no implications on motorcycles and bikes. If found liable, the offender will face charges.

4. Overspeeding

Different Virginia roads are subject to variable speed limits. A driver can face charges for reckless driving if they exceed the speed limit specified by law on each road network. According to the Va. Code §46.2-862, a driver can face convictions for reckless driving if they exceed the specified speed limit by 20 mph or drive above 80 mph.

5. Driving with an impaired view

Some drivers overload their cars or carry passengers who prevent them from seeing all sides of the road. Overloading is most common in trucks. If the passenger’s sitting position in any way obstructs the driver’s view, then the driver can be charged for reckless driving.

6. Racing on Public Property

Section 46.2-865 of the Virginia Code considers car racing on any property that is open to the members of the public without authorization as reckless driving. If found guilty, the state can withdraw the license of the driver for up to six months.

Penalties for Reckless Driving in Virginia

A reckless driving conviction may attract different penalties to the offender, some of which may include:

  • A suspension of the driver’s license for six months or more
  • Up to one-year jail term
  • Fine amounting to $2,500
  • Increase in auto insurance
  • Ineligibility for car rentals
  • Possibility of permanent seizure of vehicle if found guilty of unauthorized car racing

Conclusion

Reckless driving is a severe offense in Virginia. If you are charged with the crime and convicted, it can stay in your driving records for up to 11 years. However, with the help of an experienced Virginia traffic attorney, you can get a lesser charge for the offense.

Continue Reading

Trending