There has been a series of announcements by the Department of Justice of pilot programs designed to lure “insiders” to expose crimes, particularly financial crimes. The first announcement was a new Whistleblower Pilot Program to financially reward whistleblowers in certain
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DOJ Announces New Whistleblower Incentive Pilot Program—Here’s Hoping the Antitrust Division Gets In On The Action
Deputy Assistant Attorney General Lisa O. Monaco gave the keynote speech at the recent ABA Annual White Collar Institute, and announced a new DOJ Program to incentivize individuals with knowledge of corporate financial crimes to come forward. Video here; Print
All I Want for Christmas….
All I want for Christmas is a criminal antitrust whistleblower statute. The SEC, CFTC and other enforcement agencies charged with uncovering and prosecuting financial fraud have had another strong year thanks to their whistleblower programs. These agencies sing the praises
You Are A Competitor If You Say So–My Disagreement with Fourth Circuit’s Brewbaker Opinion
I have not written a blog post in some time. Been busy, or perhaps a bit lazy, but the Fourth Circuit opinion in United States v. Brewbaker, __ F. 4th __(4th Cir. 12/1/2023), 2023 Westlaw 8286490 caught my attention. The
A Practical Look at Why A Criminal Antitrust Whistleblower Statute is Needed
Below is an updated version of a previous blog post I ran about the need for a criminal antitrust whistleblower statute. Revised with new typos:
I have been advocating for some time that cartel whistleblower legislation be passed.
The Deterrent Dilemma: Individuals or Corporations? It Should Be Both.
At the recent American Bar Association’s National Institute on White Collar Crime, Deputy Attorney General Lisa O. Monaco and Assistant Attorney General Kenneth A. Polite gave major talks outlining further developments inDepartment of Justice’s Corporate Criminal Enforcement Policy. The
The Rule of Lenity and the Per Se Rule
Last week the Supreme Court decided a case interpreting the Bank Secrecy Act, Bittner v. U.S., 598 U.S. __(2023). Justice Ketanji Brown Jackson joined Justice Neil Gorsuch’s opinion for the majority in a 5-4 decision. The case revolved
“I Got A Rock”
In the Charlie Brown Halloween Special, when the Peanuts gang looks into their goody bag, Lucy says: “I got five pieces of candy.” Sally says: “I got a chocolate bar.” Pigpen says, “I got a quarter.” Charlie Brown says:
Bamboozled?
One of the saddest lessons of history is this: If we’ve been bamboozled long enough, we tend to reject any evidence of the bamboozle. We’re no longer interested in finding out the truth. The bamboozle has captured us. It’s simply
Per Se Rules Notches Another Labor Market Pretrial Win, But…
The defendants in the aerospace’s labor market allocation case, US v. Patel, No.3-21-cr-220 (D. Conn. Dec. 2, 2022) (VAB), filed a motion to dismiss the indictment on various grounds related to the application of the per se rule