Navigating New DOJ Directives: Declinations, Cooperation, and Whistleblower Programs with Mike DeBernardis and Katherine Taylor

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox is joined by HHR lawyers Mike DeBernardis and Katherine Taylor about the recent speech by Matthew R. Galeotti, Head of the Criminal Division at the U.S. Department of Justice (DOJ); his attendant Memo entitled Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime; and the updates to the Corporate Enforcement and Voluntary Self-Disclosure Policy; and finally the new Memo on Monitors and Monitorships. Key highlights: Is meaningful cooperation credit finally here? Did we move from a presumption of a declination to something stronger or at least more tangible? Is the Kenneth Polite “double secret—we know it when we see it” cooperation requirement now a thing of the past, or at least defined? Enhancements to the Whistleblower Program—Initial Thoughts. Monitors—dead and gone or something else? What, if anything, does this change about the role of corporate compliance today? Resources: Mike DeBernardis Hughes Hubbard & Reed website Katherine Taylor