As 2022 comes to a close, is it possible to predict a trend for corporate and white-collar enforcement by the U.S. Department of Justice in 2023? Yes: enforcement will increase in 2023, and it will increase yet more in 2024. Understanding the Department as a dispersed, human institution that responds to incentives explains why.
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Arguably more important than the actual policy changes themselves is their symbolism. What they’re saying is, we’re very serious about going after financial and corporate crime. One audience for that message is the private sector, which the Department is explicitly urging to invest in compliance. But another important audience for that message is the prosecutors within DOJ.
More than anything else, this express talk of prioritizing corporate criminal enforcement, coupled with internal DOJ policy changes that signify seriousness of purpose, will lead to more and more investigations and cases. Understanding that DOJ is a human institution—and a generally decentralized one at that—explains why that is.
Source: Corporate and White-Collar Enforcement in 2023–24 | Global Investigations & Compliance Review
