International US/UK white collar crime and technology/AI. Ex CCO (Rolls Royce) with DPA experience in US and UK. Former SFO Joint Head Fraud, Bribery & Corruption, FCA enforcement.. MSc in cyber, CIPP/E ,data geek
U.K. lawyers and the SFO, take note! The DOJ pilot for whistleblowers is NOT offering compensation in criminal cases. It is offering non prosecution. This is something that is being badly misunderstood in the U.K. The Director of the SFO quoted in his RUSI speech whistleblower payments in $2.2 billion DOJ civil settlements. Yes, civil settlements. I suspect a lions share came from False Claims Act and other DOJ civil powers. The UK has no such law and the SFO has no similar civil powers. So why exactly does the SFO think that “DOJ-style” compensation for whistleblowers in criminal cases is feasible for the SFO? Or is this the SFO suggesting a poorly researched strategy because they misunderstand what the Americans do? Or because the SFO needs more help getting corporate criminal cases across the line? The legal systems are divided by more than a common language.
Executive Director, NYU Law Program on Corporate Compliance and Enforcement | Former SDNY Federal Prosecutor | Law Professor
We republish Nicole Argentieri's note on the new U.S. Department of Justice Criminal Division individual voluntary self-disclosure program, which was first announced at NYU Program on Corporate Compliance and Enforcement's 10th Anniversary conference, here: https://lnkd.in/e_3qaAge #VSD #whistleblowers #enforcementpolicy #financialcrimes Jennifer Arlen, Carolyn R Pautz, PhD
Zoe G.
8mo
Thanks for sharing Judy. It seems that what the US are piloting is almost a proactive trial of something akin to s71 SOCPA 2005 in specific areas. It will be really interesting to see what comes of it.
Founder & Manager FCPA Professor LLC, Law Professor (Various Schools)
8moThe best an individual can do under the DOJ's program is still being required "to forfeit or disgorge any profit from the criminal wrongdoing and pay restitution or victim compensation."