US

DOJ Policy Revisions Aimed at Addressing White Collar Crimes

Published

11 months 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

Car Accidents in Florida: Causes, Impacts, and Prevention

Published

4 days ago

March 16, 2023

Jimmy Lerner

Car accidents are an unfortunate reality of modern life, and Florida is no exception. With its thriving tourism industry, ever-growing population, volatile climate, and diverse wildlife, the Sunshine State sees its fair share of traffic accidents. The causes of these accidents are varied, but they often include factors such as human error, adverse weather conditions, and infrastructure issues. The impacts are significant, with many accidents resulting in fatalities or long-lasting injuries and consequences for those involved. However, there are various measures that can be taken to reduce the frequency and severity of car accidents in Florida.

Causes of Car Accidents in Florida

Human Error

The most common cause of car accidents in Florida is human error. This encompasses a range of behaviors, including speeding, driving under the influence of alcohol or drugs, and distracted driving due to texting or using electronic devices. Additionally, aggressive driving and road rage contribute to many accidents, as they lead to poor, rushed decisions and often loss of control.

Adverse Weather

Florida’s climate is known to create hazardous driving conditions. Heavy rain, fog, and even hurricanes can reduce visibility and make roads slick, increasing the likelihood of accidents. Extreme heat can also cause tire blowouts, which can cause serious accidents.

Infrastructure Issues

As Florida continues to grow and develop, there is a strain on its infrastructure. Poorly designed or maintained roads, lack of proper signage, and insufficient traffic control measures contribute to the prevalence of car accidents in the state.

Impacts of Car Accidents in Florida

Fatalities

According to the Florida Department of Highway Safety and Motor Vehicles, over 3,400 people lost their lives in traffic accidents in the state in 2022. The loss of life is a devastating consequence of Florida’s car accidents, impacting families and communities with immeasurable effects.

Injuries

Car accidents resulted in almost 250,000 injuries in Florida in 2022, from minor cuts and bruises to severe trauma, such as spinal cord injuries, traumatic brain injuries, and permanent disabilities. These injuries can have a lasting impact on the lives of the victims, their families, and their ability to work and live a normal life.

Economic Costs

The financial burden of car accidents in Florida is substantial. Costs include medical expenses, property damage, and lost productivity due to injuries or death…and total in the billions each year. Moreover, traffic congestion resulting from accidents leads to additional economic costs in terms of lost time and increased fuel consumption.

Emotional and Psychological Consequences

The aftermath of a car accident can be traumatic for those involved, leading to emotional and psychological distress, such as post-traumatic stress disorder (PTSD), anxiety, and depression, among other mental health concerns.

Prevention of Car Accidents in Florida

Education and Awareness

Increasing public awareness about the dangers of risky driving behaviors, such as speeding, distracted driving, and driving under the influence, can help reduce the number of accidents. Driver education programs and public safety campaigns play a vital role in promoting safe driving habits. For example, Florida launched a campaign in 2022 to educate the public about the dangers of distracted driving.

Infrastructure Improvements

Investing in better road design, signage, and traffic control measures can help reduce the likelihood of accidents. This includes the development of pedestrian and bicycle-friendly infrastructure, which can help alleviate congestion and promote alternative modes of transportation. Florida’s governor, Ron DeSantis, has recently announced a $7B infrastructure improvement plan for the state focused on relieving congestion in high-traffic areas.

Traffic Law Enforcement

Strict enforcement of traffic laws and regulations can deter dangerous driving behaviors. Increased police presence, coupled with the use of technologies such as speed cameras, can help reduce speeding and other reckless behaviors on Florida’s roads.

Technology

As technology continues to develop, advancements in vehicle safety features and collision avoidance systems can contribute to reducing car accidents, says Brian Esposito, a tampa car accident lawyer. Features such as automatic emergency braking, lane departure warnings, and the adaptive cruise control can help drivers avoid potential accidents by detecting and responding to hazardous situations.

Legislation

Implementing or updating legislation that addresses the causes of car accidents, such as texting while driving and driving under the influence, could help deter these dangerous behaviors. Stricter penalties and fines for offenders, along with increased awareness campaigns, would likely lead to fewer car accidents in Florida.

Community Involvement

Encouraging community involvement in local road safety initiatives can lead to a better understanding of the specific issues facing individual communities. By collaborating with local government and law enforcement agencies, residents can work together to address the unique challenges of their area and develop targeted strategies to reduce car accidents.