Insights

Washington – February 27, 2023: Global Investigations Review has named Crowell & Moring’s Investigations and White Collar & Regulatory Enforcement groups to its prestigious GIR 100 list, an annual guide to the world’s leading cross-border investigations practices. Based on extensive research, GIR selects 100 firms from around the world that it deems most able to handle sophisticated cross-border government-led and internal investigations. This is the eighth consecutive year that Crowell & Moring has made the list.

On April 15, 2024, the Acting Assistant Attorney General for the Criminal Division of the Department of Justice (“DOJ”) Nicole Argentieri announced a new Pilot Program on Voluntary Self-Disclosure for Individuals (“Pilot Program” or “Program”). The Pilot Program offers a clear path for voluntary self-disclosure by certain corporate executives and other individuals who are themselves involved in misconduct by corporations, in exchange for a Non-Prosecution Agreement (“NPA”). The Pilot Program specifically targets individuals who disclose to the Criminal Division at DOJ in Washington, D.C. information about certain corporate criminal conduct. By carving out a clear path to non-prosecution for those who qualify, DOJ has created another tool to uncover complex crimes that might not otherwise be reported to the Department. 

As collaboration tools and ephemeral messaging applications become ubiquitous in the modern workplace, the Antitrust Division of the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) are making clear that their content must be preserved like traditional modes of communication. On Friday, January 26, the DOJ and the FTC announced that they are updating language in their standard preservation letters and specifications for all second requests, voluntary access letters, and compulsory legal process, including grand jury subpoenas. Manish Kumar, Deputy Assistant Attorney General of the DOJ’s Antitrust Division in charge of criminal enforcement, noted that both DOJ and the FTC expect that companies and their current and former employees will preserve any and all responsive messages, regardless of their default settings to autodelete. An intentional failure to produce these communications may be treated as obstruction of justice.

While not new, Congressional investigations have certainly been receiving increased press coverage in recent years, raising questions about their scope and potential risk for organizations and individuals. Congressional investigations have some similarities to other law enforcement and regulatory investigations, but are distinct in many respects. This alert will provide guidance about the unique nature of congressional investigations, and how to respond if you are the target of one.