Federal Criminal Risk Assessment

This article was originally published in Vol. 41, Issue 1 of the Cardozo Law Review. Risk assessments are a common feature of federal decisionmaking across a wide variety of areas of regulation. Perhaps the most widely used definition describes risk assessment as “the...

Updated DOJ Criminal Division Guidance on the “Evaluation of Corporate Compliance Programs”

On April 30, 2019, the U.S. Department of Justice (“DOJ”), Criminal Division, released updated guidance to DOJ prosecutors on how to assess corporate compliance programs when conducting an investigation, in making charging decisions, and in negotiating resolutions. ...