Corporate misconduct can be defined as any actions taken by companies that violate laws, rules or regulations. This definition is incredibly broad and encompasses practices like price-fixing, money laundering, pollution, and bribery of foreign officials. In order to effectively combat corporate misconduct, the government has created the Criminal Division within the Department of Justice which prosecutes those accused of criminal violations.
The Criminal Division has a dual role in the fight against corporate misconduct. It is responsible for bringing criminal prosecutions against those companies and individuals accused of violating federal law. At the same time, however, it must work with corporations to help them comply with laws and rules to prevent future misconduct. This article will explore the ways that the Federal Criminal Division is involved in policing corporate misconduct and how it works with companies to stop wrongdoing from occurring again. The role of Criminal Law in policing corporate misconduct include:
1. Prosecution of Individuals and Companies Accused of Committing Crimes
The primary role of the Criminal Division is to investigate and prosecute those companies and individuals who are accused of committing crimes. Furthermore, the division is responsible for bringing charges against both individuals and companies in order to ensure that justice is carried out. This is done through the enforcement of federal criminal laws which are outlined in various federal statutes.
2. Prosecution of Corporations Who Have Committed Crimes
It is not always possible to prove beyond a reasonable doubt that specific people within the company were involved in any particular crime so prosecutors often focus their attention on prosecuting the company as a whole. When a company is found guilty of criminal violations, they face fines and other sanctions such as reviving business licenses, terminating leases, and permanently prohibiting business from conducting certain activities. Companies that violate environmental or public health laws also face the possibility of having to pay significant monetary damages to those who were wronged by their misconduct.
3. Cooperation with Federal Investigations
Criminal Division attorneys often work alongside other government agencies when investigating corporate misconduct. The FBI and Homeland Security Investigations will provide assistance when individuals or companies are accused of committing criminal violations in many cases. The Criminal Division may also request help from a U.S Attorney’s office if they need additional resources to assist in a major investigation.
4. Working with Companies to Develop Compliance Programs
The Criminal Division has an important role in working with companies and educating them on what steps need to be taken to keep the company compliant and out of trouble. By working alongside companies, prosecutors can provide frank advice about how compliance programs should be designed and implemented while ensuring that they are effective. This can be done by assessing the design of programs, providing specific suggestions about how they should be implemented and helping to provide training for employees on how to use them effectively.
Prosecutors in the criminal division are not only responsible for prosecuting those who violate federal laws, they also investigate and determine whether companies have engaged in any type of misconduct and help bring charges against them as well. These efforts include actively seeking evidence of possible corporate misconduct and referring matters to the Bureau of Investigations when there is sufficient information that something illegal has taken place. The division also works with regulators to notify them of possible wrongdoing by companies so that they can investigate it further.
Companies are less likely to engage in wrongdoing when they are aware of their obligations under criminal laws. By working with corporations, the Criminal Division is able to prevent future acts of misconduct and ensure the fairness of competitive markets. In addition, criminal lawyers in Sydney can provide advice to employees who are involved in the implementation of compliance programs. It is important for workers to understand what they need to do in order to reduce their exposure to potential liability because companies will often turn a blind eye to violations committed by low-level employees if no one further up the chain is held accountable.