Los Angeles Times

Prosecutor­s go after white-collar criminals’ pay

Firms will get reduced fines if they claw back compensati­on, Justice Department says.

- By Chris Strohm and Benjamin Penn Strohm and Penn write for Bloomberg.

‘Companies should ensure that executives and employees are personally invested in promoting compliance.’

— Deputy Atty. Gen.

Lisa Monaco, Department of Justice

Companies found to have committed crimes will get reduced fines from the U.S. Department of Justice if they act to claw back compensati­on paid to executives and employees responsibl­e for misconduct, Deputy Atty. Gen. Lisa Monaco said.

The department also will require every company that reaches a resolution with its criminal division to structure its compensati­on and bonus programs so that bad behaviors will be punished, Monaco said Thursday at a conference in Miami on white-collar crime.

“Companies should ensure that executives and employees are personally invested in promoting compliance,” Monaco said. “Nothing grabs attention or demands personal investment like having skin in the game, through direct and tangible financial incentives.”

The moves are part of a three-year test program announced Thursday under a larger effort kicked off in

September aimed at prodding companies to police themselves, voluntaril­y report misconduct and improve compliance programs. Monaco moved earlier so more companies could step forward willingly to report misconduct to avoid pleading guilty.

The intention behind the latest move is “to use compensati­on systems to drive conduct,” said Marshall Miller, a top aide to Monaco.

“This is almost like an extra-credit program for those

that want to pursue it,” Miller said in an interview. “And we think it creates incentives, which will cause executives, boards and their outside counsel to see this as a more viable option than they do currently.”

The department won’t increase punishment­s for companies that can’t pursue compensati­on clawbacks if laws in their home countries prevent them, among other restrictio­ns, Miller said.

Monaco said federal prosecutor­s are aware how difficult it can be for compaviola­tions

nies to decide the proper lines for doing clawbacks or coming forward to the Justice Department.

For example, companies have questions about which employees should be held liable for wrongdoing and subject to clawbacks. Monaco said those responsibl­e should include the wrongdoers and supervisor­s who had knowledge of the activity or were willfully blind.

On another front, Monaco said the department will beef up the national security division’s ability to enforce

of export controls and sanctions, including by hiring 25 new prosecutor­s. The move is intended to address “a troubling trend” around “the intersecti­on of corporate crime and national security,” she said.

“In today’s complex and geopolitic­al — very uncertain frankly — geopolitic­al environmen­t, corporate crime and national security are overlappin­g to a degree never seen before, and the department is retooling to meet that challenge,” Monaco said.

She added, “Stay tuned for announceme­nts of some significan­t cases in the coming weeks that implicate this troubling trend.”

 ?? Patrick Semansky Associated Press ?? THE DEPARTMENT of Justice is offering a new incentive to coax companies whose executives and employees were found to be responsibl­e for misconduct.
Patrick Semansky Associated Press THE DEPARTMENT of Justice is offering a new incentive to coax companies whose executives and employees were found to be responsibl­e for misconduct.

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