In 2022, the Department of Justice demonstrated its willingness to initiate aggressive prosecutions against corporations and individuals, in a variety of industries and sometimes with novel tactics. Notable actions included those alleging antitrust violations in the poultry industry, fraud in connection with crypto assets and pandemic relief, and illicit support of foreign nations and terrorist groups.
In these cases, DOJ focused on two goals: holding individuals accountable and facilitating corporate cooperation. Moreover, in February 2023, in a significant update to its corporate criminal enforcement policies and procedures, DOJ announced a voluntary self-disclosure policy applicable in all U.S. Attorney’s Offices nationwide. Below, we discuss DOJ’s recent pronouncements and recent cases with an eye toward identifying trends that companies should keep in mind when preparing for the next enforcement era.