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The Shift: DOJ's Rush for Corporate Compliance

General counsel and corporate compliance officers are on notice that the U.S. Department of Justice is putting a premium going forward on how quickly companies report potential misconduct. That means speedy disclosure of violations are more likely to garner cooperation credit from the government, a shift that has ruffled the feathers of some within the white-collar bar who believe it could put speed over accuracy when companies are trying to investigate potential issues.

Ultimately, the Justice Department's goal is to more quickly pursue companies and individuals engaged in wrongdoing while evidence and memories are still fresh, and to use a carrot-and-stick approach to discourage companies from intentionally slow-walking an investigation. The change is an escalation of last year's announcement that the government will look to hold companies and individuals liable for wrongdoing, and in some cases, use corporate monitors to ensure future compliance.